Environment

Polychlorinated Biphenyl Waste Regulatory Improvements Act of 1989

United States · United States Congress · 20 September 1989

Polychlorinated Biphenyl Waste Regulatory Improvements Act of 1989 - Amends the Toxic Substances Control Act to require all handlers of polychlorinated biphenyl (PCB) waste to notify the Environmental Protection Agency (EPA) of their handling activity. Directs the EPA to provide handlers with identification numbers. Requires all handlers of PCB waste to comply with the requirements of an EPA manifest system or, if such system is not established within 120 days of this Act's enactment, with the system set forth in the Solid Waste Disposal Act. Requires that a manifest be initiated when PCB waste leaves its generation site and is not owned or controlled by its generator, or leaves a storage site owned by such generator. Directs PCB waste transporters to comply with EPA PCB waste transportation requirements or, if such requirements are not promulgated within 90 days of this Act's enactment, with the requirements for the transportation of hazardous waste set forth under the Solid Waste Disposal Act. Makes such requirements applicable when PCB waste leaves its generation site and is not owned or controlled by its generator, or leaves a storage site owned by such generator. Requires PCB storage facilities to obtain EPA approval for their storage activities. Sets forth conditions for such approval. Exempts from the approval requirement: (1) generators who store their own PCBs; (2) storers of PCBs generated by a corporate parent, subsidiary, or sister subsidiary of the same parent; and (3) storage incidental to disposal which has been approved by the EPA. Requires PCB storage and disposal facilities to comply with EPA financial responsibility, contingency plan, facility closure, and post-closure care requirements or, if such requirements are not promulgated within 180 days of this Act's enactment, with such requirements for hazardous wastes contained in the Solid Waste Disposal Act. Directs the EPA to review and, if necessary, modify all PCB storage and disposal approvals within at least five years of their issuance or reissuance. Requires that approvals issued after this Act's enactment be for a fixed term. Authorizes the EPA to revoke an approval for a person's noncompliance with Toxic Substances Control Act requirements. Requires the EPA to: (1) thoroughly inspect all PCB storage and disposal facilities at least once every two years; and (2) publish annual notices of any enforcement actions for violations of PCB requirements concluded during the previous year. Directs PCB waste handlers to notify a State 30 days prior to the date such waste is to be transported into such State.

Polychlorinated Biphenyl Waste Regulatory Improvements Act of 1989

United States · United States Congress · 20 September 1989

Polychlorinated Biphenyl Waste Regulatory Improvements Act of 1989 - Amends the Toxic Substances Control Act to require all handlers of polychlorinated biphenyl (PCB) waste to notify the Environmental Protection Agency (EPA) of their handling activity. Directs the EPA to provide handlers with identification numbers. Requires all handlers of PCB waste to comply with the requirements of an EPA manifest system or, if such system is not established within 120 days of this Act's enactment, with the system set forth in the Solid Waste Disposal Act. Requires that a manifest be initiated when PCB waste leaves its generation site and is not owned or controlled by its generator, or leaves a storage site owned by such generator. Directs PCB waste transporters to comply with EPA PCB waste transportation requirements or, if such requirements are not promulgated within 90 days of this Act's enactment, with the requirements for the transportation of hazardous waste set forth under the Solid Waste Disposal Act. Makes such requirements applicable when PCB waste leaves its generation site and is not owned or controlled by its generator, or leaves a storage site owned by such generator. Requires PCB storage facilities to obtain EPA approval for their storage activities. Sets forth conditions for such approval. Exempts from the approval requirement: (1) generators who store their own PCBs; (2) storers of PCBs generated by a corporate parent, subsidiary, or sister subsidiary of the same parent; and (3) storage incidental to disposal which has been approved by the EPA. Requires PCB storage and disposal facilities to comply with EPA financial responsibility, contingency plan, facility closure, and post-closure care requirements or, if such requirements are not promulgated within 180 days of this Act's enactment, with such requirements for hazardous wastes contained in the Solid Waste Disposal Act. Directs the EPA to review and, if necessary, modify all PCB storage and disposal approvals within at least five years of their issuance or reissuance. Requires that approval issued after this Act's enactment be for a fixed term. Authorizes the EPA to revoke an approval for a person's noncompliance with Toxic Substances Control Act requirements. Requires the EPA to: (1) thoroughly inspect all PCB storage and disposal facilities at least once every two years; and (2) publish annual notices of any enforcement actions for violations of PCB requirements concluded during the previous year. Directs PCB waste handlers to notify a State 30 days prior to the date such waste is to be transported into such State.

To amend the Federal Water Pollution Control Act to require the President to develop a Fish and Wildlife Response Plan, and for other purposes.

United States · United States Congress · 19 September 1989

Amends the Federal Water Pollution Control Act (FWPCA) to require the President to develop a Fish and Wildlife Response Plan. Specifies that such Plan shall include: (1) establishment of procedures, assignment of duties and responsibilities among Federal departments and agencies, and identification of resources to ensure rapid and effective response in protecting, rescuing, and monitoring fish and wildlife threatened or injured by oil or hazardous substance discharges; (2) identification and prioritization of habitats critical to the survival of fish and wildlife which are at substantial risk of damage from such a discharge; (3) establishment of procedures to provide and train personnel to protect, rescue, and rehabilitate fish and wildlife in case of such a discharge; (4) establishment of procedures to procure and maintain facilities, equipment, and supplies for the protection and rescue of threatened or injured fish and wildlife; and (5) establishment of procedures to maintain a communications network among Federal, State, and local governmental agencies and private entities engaged in activities under the Plan. Requires the President: (1) to revise the National Contingency Plan under the FWPCA and (2) to report to the Congress annually concerning the activities of Federal agencies responsible for implementing the Fish and Wildlife Response Plan.

To designate the period of September 16 through October 9, 1989, as "Coastweeks '89".

United States · United States Congress · 18 September 1989

Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.

Beauftragung von Zivildienstleistenden mit der Suche nach Einwegflaschen und Plastiktüten in Geschäften; Anzahl der beim Bund für Umwelt und Naturschutz beschäftigten Zivildienstleistenden; Bundeszuschüsse (G-SIG: 11052736)

Germany · German Bundestag · 15 September 1989

Clean Air Act Amendments of 1990

United States · United States Congress · 14 September 1989

Clean Air Restoration and Standards Attainment Act of 1989 - Title I: Provisions for Attainment and Maintenance of Ambient Air Quality Standards - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency, upon promulgation of a new or revised national ambient air quality standard, to designate areas subject to such Act as attainment, nonattainment, or unclassifiable, with regard to such standard. Designates: (1) areas not meeting standards for ozone or carbon monoxide averaged over an eight hour period as nonattainment areas; (2) areas identified in 52 Federal Register 29383 as Group I areas or areas containing a site showing violations of particulate matter 10 (PM-10) standards as PM-10 nonattainment areas; and (3) areas not fitting such descriptions for PM-10 as unclassifiable for PM-10. Revises the boundaries of ozone nonattainment areas located within metropolitan statistical areas (MSAs) or consolidated metropolitan statistical areas (CMSAs) to include the MSA or CMSA. Authorizes the Administrator to modify the boundaries of carbon monoxide nonattainment areas to include the MSA or CMSA if such modification is necessary to attain the air quality standard. Directs the Administrator to publish guidelines for enhanced State and local monitoring of emissions of pollutants for which there are national air quality standards and for improved inventories of emissions from mobile and stationary sources of such pollutants. Requires the Administrator to update periodically the June 1978 Transportation-Air Quality Planning Guidelines and to publish guidance on other measures necessary to demonstrate and attain air quality standard. Directs States to submit air quality standard implementation plans within 24 (currently, nine) months of the promulgation of a new or revised standard. Authorizes and directs the Administrator to require States containing attainment or unclassifiable areas with MSAs or CMSAs to submit implementation plans which provide for the maintenance of the standard for at least 20 years. Requires the updating of such plans every ten years. Extends the date by which the Administrator must approve or disapprove a State implementation plan to 12 (currently, four) months after the submission of such plan. Authorizes (currently, requires) the Administrator to set forth implementation plans for States which fail to submit or implement approved plans. Revises plan requirements. Requires permits issued for stationary sources to provide for: (1) terms not to exceed five years and compliance with applicable emission limitations and monitoring; (2) quarterly reports to the permitting authority on monitoring measures; (3) reports on any violations of the permit or other requirements and corrective measures; and (4) inspection and entry requirements. Provides for permit application fees to offset the costs of the permit program. Makes permit records available to the public. Prohibits the issuance of any permit unless the permitting authority has conducted an on-site inspection of the source. Directs the Administrator to publish guidelines for permit programs. Allows new or modified major stationary sources to comply with any offset requirement for increased air pollutant emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Requires States containing ozone, carbon monoxide, or PM-10 nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Directs the Administrator to consult with, and make recommendations to, the Secretary of Transportation on changes in Department of Transportation policies that will assist planning procedures under this Act. Authorizes States, in the case of areas included in more than one State, to implement jointly such procedures. Authorizes the imposition of the following sanctions on States which fail to comply with requirements for nonattainment areas: (1) a prohibition on the construction or modification of major stationary sources of the relevant pollutant in such areas; (2) a prohibition on the approval of highway projects or awarding of highway funds, with specified exceptions; and (3) the withholding of grants for air pollution planning and control programs. Makes Federal funds for highway projects exempt from such prohibition available without limitation. Limits the State share of such projects to ten percent of the total cost. Requires Federal transportation programs to implement all relevant transportation provisions of implementation plans. Prohibits Federal agencies from funding or approving any transportation program unless it conforms to this Act. Requires States to submit implementation plan revisions which provide for procedures for assessing the conformity of such programs. Outlines requirements for maintenance plans required for redesignations of areas. Requires such plans to: (1) provide for the maintenance of air quality standards for 20 years after the date of attainment; and (2) be updated every ten years and submitted to the Administrator for approval. Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Sets forth attainment dates of five, ten, fifteen, and twenty years from this Act's enactment, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires States containing such areas to submit to the Administrator a current inventory of volatile organic compounds (VOCs) and nitrogen oxides emissions of area sources. Provides that State implementation plans for such areas shall require annual emissions statements from owners or operators of such sources, source operating permits, and vehicle registration fees. Waives emissions statements requirements for sources which emit less than 25 tons annually of VOCs or nitrogen oxides if the State provides an emissions inventory for such sources. Sets forth specified ratios for emissions reductions to increased emissions in Serious, Severe, and Extreme ozone nonattainment areas, Serious carbon monoxide nonattainment areas, and PM-10 nonattainment areas, for purposes of satisfying excess emissions offset requirements. Requires State implementation plans for Moderate areas to provide for: (1) an enhanced vehicle emissions control inspection and maintenance program to achieve reductions in VOC emissions of at least 4,700 tons per million vehicles or the use of fill nozzles by persons transferring gasoline to vehicle fuel tanks for facilities selling more than 20,000 gallons of gasoline per month; and (2) annual emissions fees, based on tonnage of VOCs and nitrogen oxides emitted by major stationary sources. Waives requirements for vehicle inspection, maintenance, and refueling programs for ozone nonattainment areas with specified design values unless compliance is needed to bring the area into attainment by the applicable deadline. Designates as major stationary sources, for purposes of Serious and Severe areas, facilities having the potential to produce at least 25 tons annually of VOCs. Requires State implementation plans for Serious areas to provide for: (1) emissions inventories for such areas and the 25-mile radius around such areas; (2) VOC emissions reductions of 12 percent from actual emissions in the year of classification to be averaged over three year periods until attainment is met; (3) annual reports; (4) transportation control measures in certain areas with emissions exceeding projected levels; (5) vehicle inspection, maintenance, and vapor recovery programs; (6) permit programs; (7) annual emissions fees; and (8) the implementation of reasonably available control technology by stationary sources of VOCs that are not covered by control technique guidelines and have the potential to emit at least 25 tons annually and stationary sources of nitrogen oxides that have the potential to emit at least 100 tons annually. Requires Severe areas to comply with requirements for Moderate and Serious areas. Increases annual emissions fees for Severe areas. Provides that implementation plans for such areas shall require: (1) employer programs to reduce employee work-related vehicle trips; and (2) employers of 100 persons or more to increase average passenger occupancy per vehicle in commutes during peak travel periods. Makes employers who fail to achieve such increase liable for fees of $50 per employee parking space provided by such employers. Defines the boundaries of an Extreme area as the entire MSA or CMSA and the area within a 25-mile radius of such areas. Designates as major stationary sources, for purposes of Extreme areas, facilities having the potential to produce at least ten tons annually of VOCs. Requires Extreme areas to comply with requirements for Moderate, Serious, and Severe areas. Increases annual emissions fees for Extreme areas. Requires States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to MSAs or CMSAs to be treated as satisfying the requirements of this Act if in compliance with regulations promulgated by the Administrator. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Authorizes the Administrator, in the case of Serious nonattainment areas which fail to meet required emissions reductions, to: (1) lower the quantity of emissions of VOCs and nitrogen oxides that define a source as a major stationary source; and (2) require that Serious and Severe areas comply with requirements of Severe and Extreme areas, respectively. Provides for reclassifications to the next, more stringent, category of areas which fail to meet air quality standards by the applicable attainment date. Requires the Administrator to publish a list of 12 categories of stationary sources for which control technique guidelines have not been published and which contribute significantly to the formation of ozone air pollution. Provides for the review and updating, as necessary, of such guidelines every four years. Directs the Administrator to publish a control technique guideline regarding control of VOC emissions from the loading or unloading of petroleum products on or from vessels. Considers such emissions to be direct emissions from the onshore terminal. Requires the Administrator to: (1) report to the Congress on emissions of ozone precursors from consumer products and include recommendations for the control of such emissions; and (2) promulgate regulations to achieve emissions reductions from such products of at least three percent below the level of such emissions on the date of this Act's enactment. Exempts from such regulations health-use products for which there are no suitable substitutes. Authorizes the Administrator to delegate the enforcement of such regulations to States. Establishes an ozone transport region comprised of States on the east coast between Maine and Virginia and the CMSA including the District of Columbia. Authorizes the Administrator to add States to such region or to establish new regions if the interstate transport of pollutants from such States contributes to ozone concentrations in Serious, Severe, or Extreme ozone nonattainment areas in another State. Requires the Administrator to establish ozone transport commissions for such regions. Directs States within such regions to submit implementation plans or revisions requiring: (1) areas which are not nonattainment areas that are located in such regions and that are part of an MSA or have populations of at least 100,000 to comply with vehicle inspection and maintenance programs; and (2) major stationary sources of VOCs to comply with reasonably available control technology requirements. Authorizes interstate commissions to require additional emissions control measures, as necessary. Exempts from such requirements areas which do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or political subdivisions to petition the Administrator for the inclusion of another State or portion of such State within an ozone transport region. Requires the Administrator to promulgate criteria for determining the contribution of sources in one area to concentrations of ozone in another nonattainment area. Classifies carbon monoxide areas as Moderate or Serious. Sets forth attainment dates of five and ten years from this Act's enactment, respectively, for Moderate and Serious areas. Requires State implementation plans for carbon monoxide nonattainment areas to provide for: (1) triennial emissions inventories from stationary and mobile sources; (2) mobile monitoring devices; (3) vehicle registration fees; (4) annual emissions fees from stationary sources; (5) operating permits and continuous monitoring; (6) attainment demonstrations with qualitative milestones; (7) vehicle inspection and maintenance programs; and (8) oxygenated fuels programs. Directs the Administrator to audit such plans to ensure adequate implementation and enforcement by States. Designates as major stationary sources, for purposes of such areas, sources having the potential to produce at least 50 tons annually of carbon monoxide. Requires plans for Serious areas to provide for: (1) transportation control measures; and (2) the same employer ridership program required for Severe ozone nonattainment areas. Provides for reclassification of Moderate carbon monoxide areas, as necessary. Authorizes up to two one-year attainment extensions for such areas. Requires the submission of State plan revisions for Serious areas which fail to meet the attainment deadline. Requires attainment by PM-10 nonattainment areas by December 31, 1993. Authorizes the Administrator to extend such deadline for up to ten years under specified conditions. Requires State implementation plans for PM-10 nonattainment areas to provide for: (1) triennial emissions inventories from stationary and mobile sources; (2) annual emissions fees from stationary sources; (3) operating permits and monitoring; and (4) attainment demonstrations with qualitative milestones. Designates as major stationary sources, for purposes of such areas, sources having the potential to emit more than 50 tons annually of PM-10 or PM-10 precursors. Sets forth audit and attainment extension requirements parallel to those for carbon monoxide nonattainment areas. Requires the Administrator to promulgate control techniques guidelines for reasonably and best available control technology for PM-10 emissions from major stationary sources. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM-10) for maximum allowable increases in such matter specified under the Clean Air Act. Requires the Administrator to establish requirements to control air pollution from outer continental shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a certain limitation on State expenditures; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes with grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Applies program cost limitations for interstate air quality agencies to interstate transport commissions. Repeals provisions concerning indirect source programs and requirements for parking surcharges and transportation regulations. Title II: Provisions Relating to Mobile Sources - Sets standards for emissions of: (1) nonmethane hydrocarbons, hydrocarbons, nitrogen oxides, and particulates from light duty vehicles manufactured after model year 1992; (2) carbon monoxide from light-duty vehicles manufactured after model year 2002; (3) such substances from trucks manufactured after model year 1992; (4) nitrogen oxides from heavy duty trucks manufactured after model year 1993; and (5) particulates from heavy duty trucks manufactured after model year 1990. Requires the Administrator to promulgate standards for carbon monoxide emissions from light-duty vehicles manufactured after model year 1992 when operated at 20 degrees Fahrenheit. Directs the Administrator to promulgate regulations requiring the installation of onboard emissions control systems on light-duty vehicles manufactured after model year 1992. Requires such systems to provide for a minimum evaporative emissions capture efficiency of 95 percent. Directs the Administrator to promulgate regulations applicable to evaporative emissions of hydrocarbons from all gasoline-fueled vehicles manufactured after model year 1993. Directs the Administrator to promulgate regulations requiring manufacturers to install emissions malfunction diagnostic systems on all light-duty vehicles manufactured after model year 1993. Authorizes the Administrator to promulgate regulations requiring: (1) States with implementation plans to provide for the inspection and the maintenance of such systems; and (2) manufacturers of heavy duty vehicles and engines to install such systems. Requires the Administrator to set standards for emissions of carbon dioxide from passenger cars manufactured after model year 1994. Directs the Administrator to promulgate standards for motor vehicles burning low-polluting fuel. Sets the useful life of vehicles and engines manufactured after model year 1994 at ten years of use or 100,000 miles. Provides that the warranty period for light-duty vehicles and engines shall be: (1) the useful life (five years or 50,000 miles) for vehicles and engines manufactured after model year 1993; (2) two years or 24,000 miles for vehicles and engines manufactured after model year 1994; and (3) eight years or 80,000 miles for specified major emissions control components. Requires the Administrator to publish a list of all non-road engines and vehicles and estimates of the contribution of such engines and vehicles to ozone, carbon monoxide, and particulate concentrations in nonattainment areas. Directs the Administrator to promulgate emissions standards for engines or vehicles of at least 50 horsepower. Authorizes the Administrator to promulgate standards for engines or vehicles with less horsepower. Sets a schedule for the promulgation of such standards. Directs the Administrator to promulgate regulations that prohibit, after model year 1992, the introduction into commerce of motor vehicles and non-road engines requiring leaded gasoline. Requires the Administrator to promulgate regulations to add an idle test to the Federal Test Procedure for light-duty vehicles manufactured after model year 1991. Directs the Administrator to revise regulations regarding selective enforcement auditing of new light-duty vehicles manufactured after model year 1991 so that the maximum percentage of failing vehicles is ten percent. Requires the Administrator to review and revise, as necessary, regulations regarding testing of motor vehicles and engines to insure that vehicles are tested under circumstances which reflect actual driving conditions. Prohibits averaging of performance standards of various vehicles, engine families, or models manufactured by the same manufacturer for purposes of complying with emissions standards under the Clean Air Act. Directs the Administrator to consider information from any State vehicle emissions control inspection and maintenance program when making determinations of nonconformity with regulations. Authorizes States to petition the Administrator to make determinations based on such information. Permits the Administrator, if there is reason to believe that in-use vehicles and engines are not in conformance with regulations, to require manufacturers of such vehicles and engines to pay procurement and testing costs. Requires the Administrator to promulgate regulations to reduce evaporative emissions from motor vehicle fuels. Requires such regulations to include a gasoline volatility standard to be applied to all gasoline introduced into commerce for use during high ozone periods of the year. Sets a Reid Vapor Pressure (RVP) standard for gasoline used in Class C areas. Designates the period between May 16 and September 15, or such longer period as the Administrator establishes, as the high ozone period. Provides for an increased RVP for gasoline/ethanol fuel blends. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index of 40. Requires manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Limits sulfur content for diesel used in heavy duty vehicles and engines manufactured after model year 1990. Prohibits, effective January 1, 1991, the introduction into commerce of any gasoline containing lead or lead additives for use in motor vehicles. Authorizes the extension of such deadline if the Administrator determines that the unavailability of such gasoline affects farm vehicles and alternative fuels are unavailable for such vehicles. Requires the Administrator to promulgate regulations for fuel quality (effective after 1993) to minimize emissions of hazardous air pollutants over the useful life of vehicles and engines certified under this title. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful to introduce into commerce any fuel which does not prevent accumulation of deposits in fuel-injected engines. Authorizes the Administrator to promulgate regulations applicable to fuel refiners, distributors, or consumers which establish specifications for fuels to reduce emissions. Prohibits the introduction into commerce, effective October 1, 1991, of gasoline with less than a specified oxygen content in carbon monoxide nonattainment areas during October 1 to March 31 of each year. Requires the Administrator to promulgate guidelines to allow the exchange of marketable oxygen credits between sellers of fuels with a higher oxygen content than required and other sellers of fuels to offset the use of fuels with a lower oxygen content than required. Prohibits such exchanges between sellers in different nonattainment areas. Waives such requirements for States that demonstrate that the use of oxygenated fuels would interfere with attainment for pollutants other than carbon monoxide. Requires retailers of oxygenated fuels to label fuel dispensing systems with notices which identify such fuels and state that they reduce carbon monoxide emissions. Prohibits the introduction of leaded gasoline into vehicles which are designed for unleaded gasoline or are manufactured after model year 1989. Prohibits manufacturers from refusing to pay for procurement or testing of nonconforming vehicles. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any emission control device. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence civil actions to recover such penalties, subject to certain limitations. Title III: Provisions Relating to Enforcement - Makes technical amendments to, and revises penalty provisions of, the Clean Air Act. Authorizes the Administrator to assess administrative penalties or commence civil or criminal actions for violations of such Act. Establishes fines and prison sentences for specified knowing violations of such Act. Doubles the maximum punishment for specified subsequent violations. Limits the Administrator's authority to assess certain administrative penalties. Authorizes the Administrator to implement a field citation program for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Sets forth provisions concerning the reviewability of certain administrative orders. Authorizes the Administrator to require owners or operators of sources subject to the Clean Air Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications by owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Requires certain penalties to be deposited in a special Treasury fund and to be available for financing air compliance and enforcement activities. Authorizes any person to petition the Administrator to issue, amend, or repeal any regulation under the Clean Air Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities.

Solid Waste Transportation Act

United States · United States Congress · 13 September 1989

Solid Waste Transportation Act - Amends the Solid Waste Disposal Act to require each State to prepare a plan for the management of solid waste generated in the State. Specifies that such plan shall cover a 20-year period and require the State to: (1) identify the amount of solid waste by waste type that is expected to be generated in the State or accepted from another State for disposal in the next 20 years; (2) establish a process to assure the availability of facilities with adequate capacity to treat or dispose of such waste in a manner protective of human health and the environment; and (3) identify the volumes of waste planned to be reduced through source reduction and recycling. Authorizes such plan to include provisions for disposal outside the State of solid waste generated in the State only if the State determines that it does not have, and cannot develop within a reasonable period of time, the landfill or other capacity to handle the disposal of such waste in the State. Requires, in such case, that the plan provide for the establishment of such enforcement mechanisms as necessary to prevent the out-of-State disposal of waste in amounts in excess of those provided for in the plan. Requires States to submit such plans to the Administrator for approval. Specifies that, upon approval of a State plan, the State: (1) may not dispose waste outside of the State, or treat or dispose solid waste in the State, in a manner other than in accordance with such plan; and (2) shall establish a permit program and issue permits to facilities in compliance with such plan and State law. Prohibits the transportation of solid waste for treatment or disposal, following the establishment of a permit program, at any facility that has not been issued a permit. Authorizes any State that has an approved plan to restrict the acceptance of solid waste originating in other States, including a prohibition on medical waste, if such State justifies such restriction on the basis of lack of capacity to handle the disposal of solid waste generated in such State. Sets forth recordkeeping requirements. Authorizes the Environmental Protection Agency or a State to: (1) require any person who generates, transports, or handles solid waste to furnish information and grant access to all records relating to such waste; (2) enter at reasonable times any solid waste facility and inspect and obtain samples of any such waste or any container or label for such waste. Sets penalties for States that fail to submit, or fail to have approved, a plan for solid waste disposal.

Clean Environment Protection Act

United States · United States Congress · 13 September 1989

Clean Environment Protection Act - Amends the Solid Waste Disposal Act to prohibit the disposal of solid waste in excess of 100 pounds in any State or political subdivision other than the State in which the waste was generated, unless the State or subdivision has consented to the disposal. Prohibits the sale of beer, mineral water, soda water, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the refund on returned containers of brands sold by such retailers or distributors. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Preempts inconsistent State or local laws. Prohibits State and local governments from imposing any tax on the collection or return of refund values. Imposes penalties of up to $1,000 for violations. Directs the Secretary of Commerce to study and report to the Congress concerning: (1) means to increase the use of degradable materials in manufactured goods; (2) technologies for recycling nondurable consumer products; and (3) ways to expand the marketing of recycled products. Directs the Secretary to appoint a Director of Recycling Research and Information to: (1) make grants to support research into innovative recycling technology; and (2) gather and disseminate information on waste disposal and recycling technology. Describes possible research grant activities. Requires the Director to conduct a five-year outreach program to provide information regarding the importance of proper waste disposal and the benefits of, and methods to encourage, voluntary recycling. Sets forth a potential format for such program. Authorizes appropriations.

International Climate Change Prevention Act of 1989

United States · United States Congress · 12 September 1989

International Climate Change Prevention Act of 1989 - Title I: Focusing Forestry and Energy Cooperation with Key Newly Industrializing, Middle-Income, and Low-Income Developing Nations - Directs the Agency for International Development (AID) to submit to the Congress a report which: (1) examines the potential contributions of developing countries to future global emissions of greenhouse gases under different economic growth scenarios; (2) estimates the relative contributions of such countries to global greenhouse gas emissions; and (3) identifies specific key industrializing, middle-income, and low-income developing countries (key countries) which stand to contribute significantly to global greenhouse gas emissions and in which actions to promote energy efficiency, reliance on renewable energy resources, and conservation of forest resources could significantly reduce emissions of greenhouse gases. Authorizes AID to use funds appropriated for the Foreign Assistance Act of 1961 (the Act) to reimburse U.S. agencies, State agencies, and institutions of higher learning for the full costs of employees detailed or assigned to AID for the purposes of carrying out activities relating to forestry and energy programs aimed at reducing emissions of greenhouse gases related to global warming. Title II: Tropical Forestry Assistance - Requires AID to focus tropical forestry assistance programs on key countries. Allows funds appropriated for the Act to be used by AID to support tropical forestry programs aimed at reducing emissions of greenhouse gases related to global warming with regard to those key countries referred to in this Act in which deforestation makes a significant contribution to global warming. Directs the President, in providing assistance relating to tropical forests, to assist countries in developing a systematic analysis of the appropriate use of their total tropical forest resources. Directs the Administrator of AID to assist the Consultative Group on International Agricultural Research in its efforts to strengthen their work on tropical forestry. Directs the President, in undertaking tropical forestry-related activities with key countries, to emphasize a cooperative partnership approach. Sets forth specific items for the President to emphasize. Provides that AID's policy dialogue with key countries and other developing countries should: (1) encourage reform of economic and other policies that encourage deforestation and land misuse; and (2) encourage policies that promote sustainable forest land and resource use. States that AID should work with other bilateral and multilateral donors to increase support for assistance in conservation and sustainable use of tropical forests. Directs the Administrator and the Secretary of State to undertake initiatives to promote multilateral cooperation and stimulate actions by international institutions to reduce net greenhouse gas emissions from forests. Title III: Grassroots Involvement in Tropical Forest Ecosystem Management - Authorizes AID to undertake a program to encourage grassroots involvement in tropical forest ecosystem management. Enumerates specifically authorized activities. Title IV: Energy Assistance - Directs AID to focus energy assistance activities on key countries where such assistance would have the greatest impact on reducing emissions from greenhouse gases. Requires such assistance to be focused on improved energy efficiency, increased use of renewable energy resources, and national energy plans which include investment in end use efficiency and renewable energy resources. Allows funds appropriated for the Act to be used by AID for the purpose of supporting energy programs aimed at reducing emissions of greenhouse gases related to global warming with regard to key countries. Expresses the sense of the Congress that AID should increase its efforts in the fields of energy efficiency, renewable energy, and energy planning. States that such increase should take place with respect to key countries and countries with large Economic Support Fund project assistance. Enumerates what such efforts should include. Provides that the policy dialogue undertaken by AID should encourage: (1) reform of economic and other policies that encourage construction of new energy facilities in lieu of more cost-effective conservation and energy efficiency measures or that encourage wasteful use of existing energy; (2) the adoption of policies that provide incentives for increasing the efficiency of energy use in all sectors; (3) the development of "least cost" energy-sector investment plans; (4) the reform of energy pricing regimes so that electricity tariffs more closely meet the long-run marginal cost of supply and so that fossil fuel prices more closely meet international prices; and (5) more efficient market structures for traditional biomass fuels. Directs AID to work with other bilateral and multilateral donors to increase support for assistance in energy policy, energy planning, and energy efficiency. Authorizes appropriations for FY 1990 and 1991. Title V: Multilateral Programs - Directs the Secretary of the Treasury to instruct the U.S. Executive Director to each multilateral development bank to promote the adoption by that bank of a policy to achieve a maximum impact from activities relating to energy and tropical forestry by focusing such activities on the key countries whose actions in the areas of energy and forestry could have a substantial impact on the reduction of emissions of the greenhouse gases related to global warming.

Stratospheric Ozone Layer Protection Act

United States · United States Congress · 12 September 1989

Stratospheric Ozone Layer Protection Act - Directs the Secretary of Commerce to issue regulations prohibiting the installation, maintenance, and repair of motor vehicle air conditioners after 1990, unless equipment certified as meeting standards set by the Society of Automotive Engineers for the extraction and reclamation of refrigerants is used. Requires service entities to document the number of air conditioners serviced and the amount of chlorofluorocarbons (CFCs) purchased and sold by such entities. Prohibits, after FY 1989, the sale of a CFC coolant in containers containing less than 15 pounds of such coolant if such container does not have a warning label indicating the danger such coolant poses to the stratospheric ozone layer. Prohibits, after 1990, the sale of any CFC coolant for use in a motor vehicle air conditioner: (1) other than for commercial or industrial use; and (2) in a container containing less than 15 pounds of such coolant. Prohibits the sale in, or export from, the United States of any motor vehicle manufactured after model year 1992 which contains an air conditioner using CFCs. Requires the Administrator to study and report to the Congress on the use of ozone-depleting chemicals, substitutes for such chemicals, and opportunities for recycling and recovery of such chemicals. Directs the Administrator, no later than January 15, 1991, to study and report to the Congress on ways to accomplish the systematic retrieval, storage, and reuse of CFCs from refrigerators, air conditioners, and motor vehicles facing immediate disposal. Directs the Administrator, no later than January 15, 1992, to study and report to the Congress on current information concerning ozone depletion and the development of motor vehicles which employ air conditioners using refrigerants other than CFCs. Directs the Secretary and the Administrator to consult with motor vehicle dealers and other appropriate business entities to publicize this Act.

Expressing the sense of the House regarding the inclusion of certain air pollution control strategies in amending the Clean Air Act.

United States · United States Congress · 12 September 1989

Expresses the sense of the House of Representatives that: (1) strategies to attain lower ozone levels should include a reasonable time frame for reaching attainment, sufficient funding for mass transit projects, and development and use of alternative fuels, such as ethanol, methanol, and natural gas; (2) strategies to reduce acid rain and limits on sulfur dioxide and nitrogen oxide emissions should be supported by funding of clean coal technology and funding for technology applications, development, and conversions; and (3) funding for mass transit, alternative fuel development, clean coal technology, and technology applications should be supported by an oil import fee.

To require the Secretary of the Army, acting through the Chief of Engineers, to take such actions as may be necessary to ensure the removal of any hazardous substance stored in or discharged from any underground storage tank or pipeline at Chennault Airpark, formerly known as Chennault Air Force Base, in Lake Charles, Louisiana.

United States · United States Congress · 7 September 1989

Directs the Secretary of the Army to take such actions as necessary to: (1) ensure the removal of any hazardous substance stored in or discharged from any underground storage tank or pipeline at Chennault Airpark, Louisiana; and (2) prevent any such storage tank from being used to store a hazardous substance after the removal. Establishes a schedule for such removal.

To amend the Solid Waste Disposal Act to provide financial assistance to States and localities for the construction of solid waste management facilities and to prohibit the Environmental Protection Agency from enforcing certain regulations in the absence of Federal funding.

United States · United States Congress · 7 September 1989

Amends the Solid Waste Disposal Act to authorize appropriations for financial assistance to States and localities for the construction of solid waste management facilities. Prohibits the Administrator of the Environmental Protection Agency from enforcing specified regulations with respect to the closing or upgrading of open dumps for solid or hazardous waste disposal against any political subdivision of a State until sufficient Federal assistance has been provided to such subdivision to cover 100 percent of the cost of compliance with such regulations.

Solid Waste Compact Act of 1989

United States · United States Congress · 6 September 1989

Solid Waste Compact Act of 1989 - Amends the Resource Conservation and Recovery Act to require States to submit to the Environmental Protection Agency (EPA) for approval solid waste disposal plans. Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities. Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1991, and before the Congress consents to such compact. Requires a compact to provide that every five years after such compact has taken effect, the Congress may withdraw its consent. Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management.

To carry out long-term research on the effects of oilspills on the marine and estuarine habitats and living marine resources of Prince William Sound, and for other purposes.

United States · United States Congress · 6 September 1989

Amends the Trans-Alaska Pipeline Authorization Act to authorize appropriations to the Secretary of Commerce from the Trans-Alaskan Pipeline Liability Fund for FY 1990 through 1999 to: (1) carry out a comprehensive monitoring and research program to determine the long-term effects of the Exxon Valdez oil spill on the marine and estuarine habitats and living marine resources of Prince William Sound; and (2) apply the results of such monitoring and research to the development of methods to protect arctic and subarctic marine and estuarine environments from accidental discharges of oil. Requires the Secretary to report to the Congress on such program.

Zusammensetzung der für den Umweltschutz 1990 vorgesehenen Mittel (G-SIG: 11048527)

Germany · German Bundestag · 18 August 1989

A bill to amend the Federal Water Pollution Control Act so as to include Lake Champlain in the Clean Lakes Demonstration Program.

United States · United States Congress · 4 August 1989

Amends the Federal Water Pollution Control Act to include Lake Champlain, New York and Vermont, in the Clean Lakes demonstration program.

A bill to require Federal vehicles in certain areas to use fuels composed of at least 3 percent oxygen by weight.

United States · United States Congress · 4 August 1989

Requires gasoline powered vehicles owned or leased by the United States and operated in an area designated under the Clean Air Act as a nonattainment area for carbon monoxide to be supplied with fuel composed of at least three percent oxygen by weight, with exceptions.

A bill to suspend the enforcement of certain regulations relating to underground storage tanks, and for other purposes.

United States · United States Congress · 4 August 1989

Prohibits the Environmental Protection Agency (EPA) from enforcing, during the 12-month period following the enactment of this Act, its underground petroleum storage tank financial responsibility regulations promulgated pursuant to the Solid Waste Disposal Act with respect to certain underground tank owners. Permits enforcement after such period if the Administrator of the EPA determines that such enforcement would not impose an unjust economic burden on the owners. Requires the Administrator to conduct a study for the purpose of identifying the principal economic difficulties associated with compliance by underground tank owners with EPA technical standards for such tanks. Directs the Administrator to report the results of such study to specified congressional committees.

Acid Rain Control Act of 1989

United States · United States Congress · 4 August 1989

Acid Rain Control Act of 1989 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to publish a list of the 20 electric plants which had the greatest emissions of sulfur dioxide during 1985. Permits such utilities to apply to the Administrator to substitute a unit for a unit at a plant originally listed by the Administrator. Authorizes the Administrator to modify such list if determined that equivalent reductions in such emissions will be achieved by such substitution. Requires electric utility coal-fired steam generating plants, no later than December 31, 1995, to comply with annual emissions limitations for sulfur dioxides which reflect a 90 percent average annual reduction from such plants' annual emissions during 1985 through 1987. Permits up to 15 percent of such reduction to be achieved through natural gas cofiring or other fuel substitution. Sets sulfur dioxide emissions limitations for oil-fired electric utility steam generating units, to be effective after 1995. Requires the Administrator to establish: (1) such emissions limitations as may be necessary to ensure that by December 31, 1995, sulfur dioxide emissions from stationary sources in each State do not exceed 1985 emissions levels; and (2) emissions limitations to achieve a 3,000,000 tons per year reduction in nitrogen oxide emissions from fossil fuel fired electric utility steam generating units. Sets sulfur dioxide emissions limitations for fossil fuel fired electric utility steam generating units with nameplate capacities over 75 MWe and which commenced operation on or before January 1, 1985. Authorizes such units to comply with such limitations by obtaining equivalent reductions from other units owned or operated by utilities which are part of the same holding company or from another utility in the same or an adjacent State. Directs the Administrator to require owners or operators of such units to maintain and make available to the public records on emissions and hours of operation. Permits the Administrator to extend the compliance period for up to three years if a unit will use clean coal technology resulting in greater emissions reductions than would be achieved by complying with such standards. Establishes the Acid Rain Control Trust Fund. Requires the Secretary of the Treasury to report annually to the Administrator and the Congress on the financial condition of the Fund and on its expected condition and operations during the next five fiscal years. Directs the Administrator to make periodic payments from the Fund to owners or operators of electric utility steam generating units subject to emissions limitations under this Act to cover costs of installing technology (including clean coal technology) for purposes of complying with this Act. Sets a ceiling on the total amount of payments to a unit. Provides that units shall be eligible for such payments only if they certify that the payments will be used for such purposes. Directs the Administrator to promulgate a rule requiring certain fossil fuel fired electric utility steam generating units and energy importers to pay a fee to the Administrator based on the amount of energy generated or imported. Establishes a fee schedule based on the average annual amount of sulfur dioxide emissions generated by a unit during 1990 through 2005. Authorizes fee reductions for States which adopt emissions limitations more stringent than Federal standards and for utilities burning natural gas in conjunction with fossil fuels. Provides for the substitution of emissions reductions from programs encouraging or requiring energy conservation if such reductions are equivalent to reductions required under this Act. Authorizes the Administrator to make payments to cover the costs of such programs from 1996 through 2010. Makes owners or operators of facilities that emit excess emissions of sulfur dioxide liable for excess emissions fees, based on the amount of excess emissions tonnage. Requires such fee to be adjusted for inflation in each year after 1996, using the Consumer Price Index. Requires such persons to obtain offsetting emissions reductions in the year after excess emissions were emitted. Directs the Administrator to promulgate revised new source performance standards for certain fossil fuel fired electric utility steam generating units which commence construction or modification after such standards are required to be promulgated.

Pesticide Regulatory Reform Amendments of 1989

United States · United States Congress · 4 August 1989

Pesticide Regulatory Reform Amendments of 1989 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to make technical amendments to provisions concerning the authority of the Administrator of the Environmental Protection Agency to cancel or suspend the registration of a pesticide. Directs the Administrator, prior to issuing a cancellation or suspension order, to notify the Secretary of Agriculture and, if the proposed order is based upon potential adverse effects to human health, the Secretary of Health and Human Services. Permits the Administrator to deny registration applications or change the classification of a pesticide from general to restricted use. Sets forth review procedures for proposed cancellation orders, denials of registration applications, or proposed changes in classification. Sets forth judicial review procedures with respect to such orders and suspension or emergency suspension orders. Authorizes any person to petition the Administrator to suspend or cancel a registration, deny a registration application, or change the classification of a pesticide. Requires the Administrator to take such actions if they serve the purposes of this Act. Sets forth judicial remedies with respect to denied petitions. Authorizes the Administrator to summarily deny registration or exemption applications with respect to pesticides which have been subject to final orders cancelling or denying registration or changing classification unless the applicant has presented substantial new evidence which may affect the order. Sets forth judicial review and reconsideration procedures. Permits the Administrator, whenever a pesticide registration is cancelled or suspended, to allow the continued sale or use of existing stocks of such pesticide, as appropriate. Revises provisions concerning immediate suspensions of pesticide registrations. Authorizes the termination of a suspension at any time. Requires a termination upon completion of a cancellation proceeding. Authorizes the Administrator, if it is determined that the use of a pesticide may result in an imminent hazard, to issue an immediate emergency suspension order prior to notifying a registrant or consulting Federal agencies. Requires registrations of pesticides containing an active ingredient which were registered before November 1, 1984, to initially expire: (1) 19 years after the first registration of such pesticides; or (2) nine years after a date determined by the Administrator that products containing such ingredient are eligible for reregistration, whichever is later. Provides for the subsequent expiration of such registrations every nine years after the most recent expiration. Sets forth an expiration date of 15 years after the initial registration for pesticides registered after October 31, 1984. Provides for the same subsequent expiration date required for pesticides registered before November 1, 1984. Requires initial registrations of pesticides containing more than one active ingredient to expire at such time as the Administrator determines, provided that such date is no sooner than the earliest of the dates registrations of products containing each of the combined active ingredients as a single ingredient would have expired. Provides for the same subsequent expiration date applicable to pesticides containing one active ingredient. Deems pesticides with expired registrations to have been cancelled. Authorizes the sale and distribution of existing stocks of pesticides with expired registrations for one year following the expiration date, as appropriate. Prohibits registrants from selling and distributing more products than the average amount sold and distributed annually during the three years prior to the expiration date. Authorizes the Administrator to impose further limitations concerning the sale, distribution, or use of such products if such products may cause adverse environmental effects. Sets forth procedures with respect to registration renewals. Sets forth notification procedures with respect to expired registrations. Repeals a provision concerning public hearings and scientific review. Removes certain hearing requirements. Authorizes States to apply for continuing registration of a suspended pesticide use if severe economic dislocation will result from such suspension. Requires the Administrator to ensure that the use of such pesticides does not pose an excessive risk. Provides that continuing registrations shall expire: (1) one year after the granting of the registration; (2) upon completion of a cancellation proceeding; or (3) upon cancellation of the registration, whichever comes first. Prohibits the granting of more than three continuing registrations for a pesticide. Directs the Administrator to identify pests which must be brought under control and the available control measures. Requires the Secretary of Agriculture to report annually to the Administrator on: (1) such pests and measures and areas of concern where the number of registered pesticides and other control alternatives is small enough to pose a risk to continued effective control or where pest resistance to current control measures has been detected; and (2) research and extension efforts underway to develop pest control methods for areas where effective control is threatened. Requires the Administrator and the Secretary to develop integrated pest management approaches to pest control and common methods for the computation of benefits accruing from the use of pesticides.

Motor Vehicle Emission Control Act of 1989

United States · United States Congress · 4 August 1989

Motor Vehicle Emission Control Act of 1989 - Amends the Clean Air Act to set standards for emissions of: (1) hydrocarbons and nitrogen oxides from light duty vehicles manufactured after model year 1992; (2) carbon monoxide and particulates from light-duty vehicles manufactured after model year 1991; (3) hydrocarbons, nitrogen oxides, and carbon monoxide from trucks manufactured after model year 1992; (4) nitrogen oxides from heavy-duty trucks manufactured after model year 1993; and (5) particulates from heavy-duty trucks and buses manufactured after model year 1990. Requires the Administrator of the Environmental Protection Agency to promulgate standards for motor vehicles burning low-emissions fuel. Provides for the revision of such standards, as necessary. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles to assure compliance with the Clean Air Act. Requires the Administrator to promulgate regulations that prohibit the manufacture or introduction into commerce of any vehicle or engine manufactured after model year 1990 that requires leaded gasoline. Directs the Administrator to promulgate standards for emissions of carbon monoxide, volatile organic compounds, and nitrogen oxides from internal combustion engines manufactured after 1992 that are used in vehicles or machinery. Directs the Administrator to promulgate regulations to add an idle test to the Federal Test Procedure for light-duty vehicles manufactured after model year 1991. Requires the Administrator to revise regulations regarding selective enforcement auditing of new light-duty vehicles manufactured after model year 1990 so that the maximum percentage of failing vehicles is ten percent. Requires the Administrator to review and revise, as necessary, regulations regarding testing of motor vehicles and engines to insure that vehicles are tested under circumstances which reflect actual driving conditions. Prohibits averaging of performance standards of various vehicles, engine families, or models manufactured by the same manufacturer for purposes of complying with emissions standards under the Clean Air Act. Provides that the useful life of vehicles and engines manufactured after model year 1994 shall be ten years of use or 100,000 miles, whichever occurs first. Requires all vehicles and engines manufactured after model year 1990 to comply with emissions standards under the Clean Air Act regardless of the altitude at which they are sold. Directs the Administrator to establish a high altitude testing center to insure that motor vehicles and engines comply with such Act. Authorizes appropriations. Requires manufacturers and importers to offer necessary incentives to insure at least a 75 percent response by vehicle owners to notifications of nonconformity with regulations. Requires State implementation plans for nonattainment areas to contain measures to increase compliance with recall notifications. Directs the Administrator to consider information from any State vehicle emission control inspection and maintenance program when making determinations of nonconformity. Authorizes States to petition the Administrator to make determinations based on such information. Permits the Administrator to issue regulations establishing minimum criteria for State programs to assure that they are suitable for effective enforcement. Directs the Administrator to promulgate regulations requiring States with vehicle inspection and maintenance programs to adopt quality control audits and reporting requirements to assure that such inspections detect and report to the Administrator any defects in a manufacturer's emissions control system. Requires the Administrator to report annually to the Congress on any significant finding of repeated or common emission system defects and the actions taken to remedy such nonconformities. Revises penalty provisions of the Clean Air Act, including those concerning the tampering with of emissions control devices. Requires the Administrator to amend certain regulations to require the use of best available technology to control evaporative emissions for a vehicle's useful life. Sets standards for emissions of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles and motorcycle engines manufactured after model year 1991. Requires the Administrator to amend certain regulations to require the installation of onboard emissions diagnostic systems on motor vehicles. Directs the Administrator to promulgate regulations to reduce evaporative emissions from motor vehicle fuels. Requires such regulations to include a gasoline volatility standard to be applied to all gasoline introduced into commerce for use during high ozone periods of the year. Sets a Reid Vapor Pressure (RVP) standard for gasoline used in Class C areas. Designates the period between May 16 and September 15, or such longer period as the Administrator establishes, as the high ozone period. Requires the Administrator to allow an increased RVP for oxygenated fuels. Prohibits the introduction into commerce of gasoline with less than a specified oxygen content in carbon monoxide nonattainment areas during October 1 through April 1 of each year. Requires the Administrator to report to the House Energy and Commerce Committee and the Senate Environment and Public Works Committee on the increased use of oxygenated fuels. Prohibits, after July 1, 1990, the introduction into commerce of diesel fuel which exceeds a specified sulfur content limit. Requires fuels used in certifications of heavy-duty vehicles and engines manufactured after model year 1992 to meet such standard. Directs the Administrator to report to the Congress on whether such standard is necessary for vehicles and engines to meet particulate emissions standards or regulations or to protect public health. Requires the Administrator to promulgate regulations prohibiting the introduction into commerce, after October 1, 1993, of diesel fuel which has an aromatic hydrocarbon content over ten percent by volume. Directs the Administrator to promulgate standards requiring all new light-duty vehicles to be equipped with onboard evaporative emissions control systems that provide emissions capture efficiency of 95 percent. Requires passenger cars and light-duty trucks manufactured after model year 1992 to be tested for carbon monoxide emissions at 20 degrees Fahrenheit. Sets specified emissions standards for such test. Directs the Administrator to promulgate regulations to achieve reductions in in-use motor vehicle emissions of carbon dioxide. Requires emissions reductions of at least 20 percent by 2005 and 50 percent by 2025. Directs the Administrator to undertake to enter into arrangements with the National Academy of Sciences to study the feasibility of meeting such reduction requirements. Applies certain requirements for another feasibility study under the Clean Air Act to such study.

Acid Deposition Control Act of 1989

United States · United States Congress · 4 August 1989

Acid Deposition Control Act of 1989 - Title I: Stationary Sources - Amends the Clean Air Act to require each Governor to submit to the Administrator of the Environmental Protection Agency for approval a two-phased plan establishing emission limitations and compliance schedules for sulfur dioxide and oxides of nitrogen emissions from fossil fuel fired electric utility steam generating units in the State. Requires reductions in sulfur dioxide emissions by 1994 (phase I) and reductions in oxides of nitrogen and further reductions in sulfur dioxide by 1998 (phase II). Directs each Governor to submit to the Administrator for approval an emissions limitations plan for such units, other than electric utilities' units, requiring both sulfur dioxide and oxides of nitrogen emissions reductions by 1998. Requires the Administrator to conduct and update an annual inventory of sulfur dioxide and oxides of nitrogen emissions from stationary sources. Directs the Administrator to identify the total statewide potential reductions in such emissions and to transmit such information to the State. Requires each Governor to submit to the Administrator a plan for establishing emission limitations from stationary sources of industrial process emissions to achieve such State's potential reductions by 1998. Requires the Administrator to study and report to the Congress by June 30, 1994, on the reductions achieved during phase I, granting the Congress an opportunity to legislate by the start of 1995 against the implementation of phase II. Grants States an opportunity to modify disapproved plans. Establishes emissions standards and Administrator-promulgated plans for States without an approved plan. Requires units in such States to submit a compliance plan and schedule to the Administrator. Directs the Administrator to allocate annual allowances to owners or operators subject to emissions limitations under this title. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Permits the transfer of allowances between owners and operators, subject to certain limitations. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Authorizes the Administrator to provide financial assistance to the owners or operators of stationary sources to promote the use of innovative technologies to control sulfur dioxide, nitrogen oxides, and other emissions from fossil fuels covered under the Clean Air Act. Sets forth eligibility and evaluation requirements. Allows State plans to provide for the use of innovative technology if contingent emission limitations are included in such plans. Authorizes the Administrator to impose fees on the generation of electric energy in such States to promote the use of innovative technologies. Prescribes civil penalties for violations in connection with such fees. Directs the Administrator to revise standards for emissions of nitrogen oxides for electric utility steam generating units burning bituminous or subbituminous coal. Requires the Administrator to promulgate standards for such emissions from nonelectric utility units which are new sources over a certain capacity. Title II: Emissions from Mobile Sources - Establishes emission standards for: (1) oxides of nitrogen from passenger cars and trucks manufactured after model year 1990; and (2) hydrocarbons from trucks manufactured after model year 1991. Directs the Administrator to promulgate regulations setting a maximum percentage for the sulfur content of motor vehicle diesel fuel. Prohibits any manufacturer or processor of diesel fuel from selling or introducing into commerce any fuel not in compliance with such regulations after January 1, 1991. Directs the Administrator to promulgate regulations to require the use of either hydrocarbon control technology by motor vehicles manufactured after model year 1991, or gasoline vapor recovery of hydrocarbon emissions emanating from the fueling of motor vehicles, or both.

Requiring the Architect of the Capitol to conduct a voluntary pilot program for recycling of expendable materials disposed of within the Capitol grounds.

United States · United States Congress · 4 August 1989

Requires the Architect of the Capitol to conduct a voluntary pilot program for recycling expendable materials disposed of within the Capitol grounds. Requires the Architect to report the results of the pilot program to specified congressional committees within 15 months after enactment of this Act with an assessment of existing procedures for recycling and recommendations for establishing a comprehensive recycling program for the Capitol and other locations within the Capitol grounds.

Nichteinbeziehung der Werra-Versalzung durch die Kali-Werke der DDR in die jüngsten Umweltschutz-Vereinbarungen (G-SIG: 11048480)

Germany · German Bundestag · 4 August 1989

A bill to identify certain areas of critical concern with respect to oil and hazardous substances discharges and the environment, and for other purposes.

United States · United States Congress · 3 August 1989

Requires the Secretary of the department in which the Coast Guard is operating to review the National Contingency Plan for the removal of oil and hazardous substances and identify those areas which the Secretary determines to be at risk of substantial and critical environmental damage from such a discharge. Directs the Secretary to take such action as necessary to modify such Plan to assure that: (1) the Plan recognizes and identifies each Federal, State, and local agency that should be engaged in the coordination of any such Plan; (2) proper equipment and materials necessary to implement the Plan in the event of a discharge will be readily available; (3) at least an annual inventory of available equipment will be carried out by the Secretary; (4) minimum standards are established providing for an appropriate response time in the event of any such discharge; and (5) annual testing of the Plan relating to such critical areas is carried out. Authorizes the Secretary to: (1) enter into agreements of understanding with any State or local government having jurisdiction over an area of critical concern to ensure the coordination of Federal, State, and local efforts in carrying out the Plan; and (2) report annually to the Congress and the President with respect to the administration of the Plan.

A bill relating to the financing of certain publicly owned treatment works, and for other purposes.

United States · United States Congress · 3 August 1989

Amends the Clean Water Act to authorize the owner of a publicly owned treatment works that has received financial assistance of any kind under such Act to issue debt with respect to such works and to pledge, as security for repayment of such debt obligation, revenues realized from the operation of such works, subject to the prior payment of the costs of proper operation and maintenance. Conditions such authorization on at least 95 percent of the proceeds of the debt issuance being used for: (1) the construction portion of a program for the rehabilitation or expansion of the works; (2) the establishment of dedicated funds, trust accounts, or other financial mechanisms to subsidize or stabilize rates to provide for equipment repair or replacement or such other uses as may have demonstrable benefit to the rate payers of the works or to any municipality or public authority directly concerned in the construction or operation of the works; or (3) the financing or securing of the financing of other environmentally designated projects. Prohibits such debt issuance unless the owner of the works obtains, from a specified State official, a prior determination that such issuance will be in compliance with the requirements of this Act. Authorizes State water pollution control revolving funds to be used to guarantee, or purchase insurance or letters of credit for, local obligations for equipment, facilities, or plants to be used in conjunction with, or in proximity to, treatment works in operation at the time such a guarantee is made. States that nothing in the Clean Water Act shall prohibit the owner of a publicly owned treatment works from granting a security interest in any equipment facilities or plants procured pursuant to obligations which have been guaranteed or insured under the authority of this Act.

Clean Air Act Amendments of 1989

United States · United States Congress · 3 August 1989

Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for the greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years and that no more than two extensions are granted to a single area. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economical for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSAs) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSAs or MSAs. Classifies PM-10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for: (1) attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economical, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (5) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within six years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Requires owners or operators of existing sources to: (1) demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology by January 1, 1998; and (2) provide, as part of such demonstration, documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required, by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to elect to designate such sources as affected units. Requires such designations to be submitted to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if it is determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provision concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within the EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.

National Solid Waste Minimization Act

United States · United States Congress · 3 August 1989

National Solid Waste Minimization Act - Declares as national goals: (1) no increase in the generation of solid waste over the level generated in the year of enactment of this Act; and (2) recycling of at least 25 percent of the municipal solid waste stream by the end of 1992 and 40 percent by the end of 1998. Requires the Administrator of the Environmental Protection Agency to report to the Congress annually on: (1) the amount and composition of municipal solid waste generated in the United States and the methods used to manage such waste; and (2) the progress made in achieving the source reduction and recycling goals of this Act, the impediments to the attainment of such goals, and recommendations on the regulatory or legislative initiatives necessary to attain such goals. Directs the Administrator to develop a list of categories of commonly used products and packaging which are discarded into the municipal solid waste stream. Requires the Administrator, with respect to each category, to determine: (1) the percentage of recovered materials used in the manufacture of products or packaging of each category; and (2) the percentage of products or packaging of each category that is recycled upon discard. Directs the Administrator to identify categories of products or packaging that shall be targeted for regulatory action. States that such regulatory action may include either or both of the following: (1) the required use of recovered materials in the product or packaging; or (2) a ban on the use of certain materials in the product or packaging. Directs the Administrator and the Secretary of Commerce to develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard. Provides that packaging that meets such standards shall be eligible to use a label indicating compliance with the standards. Authorizes the Administrator to promulgate regulations to: (1) require any products or packaging that are recyclable to be so labeled; and (2) establish requirements for labels that indicate that a product or packaging is made of recycled materials or is recyclable. Requires the Administrator to report to the Congress on the costs and difficulties encountered by States and local communities in closing landfills.

Recyclable Consumer Plastics Act of 1989

United States · United States Congress · 3 August 1989

Recyclable Consumer Plastics Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish within the EPA an Office of Recycling Research and Information. Sets forth the functions of such office, including establishing a mandatory resin content labeling system for sorting plastic for recycling. Requires the Director of the Office to make grants to State, county, and local governments and nonprofit organizations to carry out studies for the purpose of minimizing the environmental impact of post-consumer plastic materials disposal. Sets forth required studies. Requires the Director to submit a report to the Congress describing the findings, conclusions, and recommendations of the studies. Directs the Director to make grants to State, county, and local governments and nonprofit organizations to carry out pilot projects for the purpose of developing and demonstrating technology for the recycling or composting (or both) of municipal solid waste and sewage sludge. Sets forth required types of projects. Requires the Director to submit a report to the Congress describing the findings, conclusions, and recommendations of the projects. Earmarks funds appropriated to the EPA for purposes of making grants and carrying out other activities authorized by this Act. Imposes civil and criminal penalties upon any person who distributes, sells, delivers, or otherwise provides any post-consumer plastic product which is not properly labeled as required by this Act.

Clean Ocean Act of 1989

United States · United States Congress · 3 August 1989

Clean Ocean Act of 1989 - Requires the Secretary of the department in which the Coast Guard is operating to conduct a study to assess the effectiveness of planning and equipment of State and local governments and private organizations to respond to discharges of oil or hazardous substances into navigable waters. Requires the Secretary to submit to the Congress a report containing recommendations based on such study and recommendations for establishing a nationwide computerized inventory of oil spill and hazardous substance removal equipment and experts. Requires the Secretary to issue regulations which revise the National Contingency Plan. Requires owners and operators of oil vessels or facilities to establish response teams and supply such teams with equipment to minimize damages from the discharge of oil or a hazardous substance into navigable waters. Authorizes the appropriate head of an agency to charge a fee for: (1) conducting any review or periodic drill of a response team; or (2) performing certification inspections of such teams equipment. Sets forth civil penalties for violations of regulations issued under this Act.

To establish permit requirements for overflows from combined storm water and sanitary sewer systems discharging into the estuarine zone and marine waters and to require the correction of such systems to minimize discharges into those waters, to mitigate the effects of pollution discharges into estuaries and oceans, and for other purposes.

United States · United States Congress · 3 August 1989

Title I: Combined Sewer and Storm Water System Overflow Control - Estuarine Zone and Marine Waters Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to issue regulations setting forth permit requirements for discharges from combined storm water and sanitary sewer overflows into the estuarine zone and marine waters. Directs the Administrator, in determining the content of such regulations, to take into account; (1) the expected composition, frequency, and volume of each discharge; (2) the anticipated effect of each discharge on the environment, economy, and aesthetic and recreational values of the receiving waters; and (3) the need for a flexible approach in minimizing such discharges. Authorizes the Administrator to issue permits after 1999 for such discharges only if the permittee has taken reasonable efforts to eliminate dry weather discharges and to minimize wet weather discharges. Requires the Administrator to provide technical assistance to State and local governments issued permits under this Act. Directs permittees, as a condition for permit issuance or renewal, to budget and expend an amount of funds for: (1) identifying all discharges of overflows into the estuarine zone and marine waters; (2) implementing technology-based limitations of such discharges; and (3) eliminating such discharges. Waives such requirement if the Administrator determines that the permittee or the State in which such permittee is located has begun to implement a plan that will result in the cessation of dry weather discharges and minimization of wet weather discharges by the year 2000. Makes funds available to permittees to address water quality problems resulting from such discharges. Directs the Administrator to report to the Congress on: (1) the feasibility and cost of establishing a technological clearinghouse to make available to States and local governments information on, and assistance in, controlling and ceasing discharges of overflows from combined storm water and sanitary sewers into the estuarine zone and marine waters; and (2) the major components of discharges which contribute significantly to floating debris and debris which washes up on shores and ways to eliminate the introduction of such debris into combined storm water and sanitary sewer systems. Authorizes appropriations. Title II: National Estuary Program Amendment - National Estuary Program Amendment Act - Requires the Administrator to: (1) identify estuaries where overflow discharges from combined storm water and sanitary sewer systems constitute a major source of pollution; (2) urge that the management conference for each estuary develop a priority action plan to address such overflows; and (3) report to the Congress on the extent of such discharges and the anticipated Federal cost of addressing the problem. Title III: Marine Pollution Discharge Abatement - Marine Discharge Abatement Act - Prohibits the issuance or renewal of permits for pollutant discharges into estuaries, estuarine zones, the territorial sea, the waters of the contiguous zone, or the oceans unless: (1) the need for the discharge has been demonstrated by the applicant and the Administrator has determined there is no environmentally sound alternative; (2) the permittee establishes an on-going monitoring program for each discharge; and (3) the applicant agrees to include within the permit a provision to allow the Administrator to modify or terminate such permit if such action is in the public interest and necessary to prevent the degradation of such waters. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to review existing guidelines and to promulgate guidelines necessary to prevent the degradation of such waters. Prohibits the waiver of such requirements for permit issuances or renewals.

Toxics Release Prevention Act of 1989

United States · United States Congress · 3 August 1989

Toxics Release Prevention Act of 1989 - Amends the Clean Air Act to revise provisions concerning national emissions standards for hazardous air pollutants. Requires the Administrator of the Environmental Protection Agency (EPA) to include on the list of such pollutants each pollutant listed in committee print 101-XX published by the Senate Committee on Environment and Public Works. Directs the Administrator to review and revise such list at least every five years by adding pollutants which present a threat of adverse human health or environmental effects. Provides that no substance or activity regulated under part B of such Act shall be subject to regulation solely due to adverse environmental effects. Permits others to petition for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for the addition or deletion of any substance to or from such list. Directs the Administrator to list categories of major sources of hazardous air pollutants and establish a minimum emissions rate for each pollutant emitted by such sources. Limits the minimum annual emissions rate to ten metric tons for any one hazardous air pollutant or 25 metric tons for any combination of such pollutants. Authorizes the Administrator to establish an annual minimum emissions rate of more than ten metric tons for any category and pollutant, provided that a certain health threshold will not be exceeded and no adverse environmental effects will occur. Requires emission standards for such sources to require the maximum degree of reductions that the Administrator determines is achievable. Prohibits emission standards for new sources from being less stringent than those for existing sources in the same category. Permits emissions standards for existing sources to be less stringent than standards for new sources if the Administrator determines that the level of control applicable to new sources is technically or economically infeasible for existing sources. Directs the Administrator to review such standards at least every seven years. Requires the Administrator to establish such standards within: (1) 24 months of this Act's enactment for sources of specified pollutants; and (2) three, five, or ten years of this Act's enactment, based on the quantity of the pollutant and the risk of exposure. Requires standards for all categories to be promulgated within ten years of this Act's enactment. Directs the Administrator, within three years after the initial promulgation of such standards, to evaluate the risks to human health and the environment from emissions remaining after the application of such standards. Requires the revision of such standards if the Administrator determines that such emissions present a significant risk of adverse human health or environmental effects. Directs the Administrator to establish additional emissions regulations for categories of sources of carcinogens or for pollutants for which standards do not reduce emissions to a level at or below the threshold for adverse health effects. Prohibits any consideration of cost, cost-effectiveness, economic, or energy factors or technological feasibility to determine the appropriate level of such standards. Authorizes the Administrator to promulgate design, equipment, work practice, or operational standards for sources under this Act. Requires the Administrator to promulgate such standards when it is infeasible to prescribe or enforce an emission standard for a category of hazardous air pollutants. Permits the use of an alternative means of emission limitations if such alternative achieves a reduction equivalent to that achieved under this Act's requirements. Authorizes the Administrator or a State with an approved program to require owners or operators of facilities which emit hazardous air pollutants to: (1) monitor the presence of such pollutant in the source emissions and ambient air; (2) install and maintain leak detection systems; and (3) keep records and report on the results of such monitoring and leak detection. Requires work practice emissions standards to include, where appropriate, leak prevention, detection, and correction requirements. Sets forth a compliance schedule for emissions standards under this Act. Requires compliance by existing sources within three years of the effective date of such standards. Grants an extension of up to five additional years for such sources under specified conditions. Authorizes the Administrator or a State with an approved program to: (1) exempt existing sources from certain carcinogen emissions standards under specified conditions; and (2) require owners or operators of such sources to conduct research and development on improved technology or management practices as a condition for such temporary exemption or permit renewal. Provides an opportunity for public comment on any proposed exemption. Authorizes the President to exempt any source from emissions standards for up to two years if the technology to implement such standards is unavailable and the operation of such source is required for national security. Authorizes extensions of such exemptions for additional two-year periods. Authorizes the Administrator to exempt any existing major listed source from applicable emissions standards upon a showing that such source has achieved a voluntary emissions reduction of at least 90 percent by December 31, 1992. Waives emissions requirements for sources where emissions are in de minimis amounts and do not pose a risk of adverse human health or environmental effects and where control of such pollutant would require installation of additional and separate control technologies. Makes it unlawful to construct a new source or emit any pollutant subject to standards under this Act, except in compliance with a permit issued by the Administrator or an approved State. Outlines the requirements of the permit program. Limits State permits to five-year periods. Authorizes the issuance of a temporary permit if a source owner or operator certifies that the source will comply with applicable standards. Requires the Administrator or a State, within six months of the issuance of a temporary permit, to review the operations of such source to determine whether a full permit should be issued. Sets forth administrative provisions regarding the issuance of permits. Requires the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a range of hazardous air pollutants in a number of urban areas; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Directs States receiving grants for air pollution planning and control which contain a metropolitan area with over 250,000 persons to commence a monitoring program in each such area to measure the ambient concentration of hazardous air pollutants. Requires Governors of such States to report biennially to the Administrator on the results of such monitoring and to make such information available to the public. Requires the Administrator to transmit to the Congress a comprehensive strategy to control hazardous air pollutants released by sources in urban areas. Outlines the requirements of such strategy, including: (1) a schedule for specific actions to reduce emissions of particular hazardous air pollutants; and (2) the identification of research needs in monitoring or pollution control techniques and recommendations for changes in law to further the goals of such strategy. Requires the Administrator to set aside at least ten percent of funds available for grants under this section to support State strategies to reduce risk from source emissions in urban areas. Directs the Administrator, at intervals no later than eight and ten years after this Act's enactment, to report to the Congress on actions taken to reduce risks to public health posed by pollutants from area sources. Requires such report to identify metropolitan areas which continue to experience high risks as the result of emissions from such sources. Directs the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on health impacts of mobile source benzene emissions and fuel and vehicle-based control strategies. Authorizes States to develop and submit to the Administrator for approval programs for the control of emissions of hazardous air pollutants or for the prevention and mitigation of accidental releases of such pollutants. Permits the Administrator's enforcement authorities to be transferred to a State. Requires the Administrator to publish guidance for use in program development. Requires such guidance to include standards for emissions control as well as registration of facilities handling such pollutants in amounts greater than the threshold quantity. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States on emissions reduction. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to withdraw approval of a program if it is determined that the State is not administering or enforcing such program. Directs the Administrator to: (1) assess the hazards to public health and the environment resulting from emissions of hydrogen sulfide associated with the extraction of oil and natural gas resources; (2) report the results of such assessment, together with recommendations, to the Congress; and (3) develop and implement a control strategy for such emissions. Requires the Administrator to: (1) review risk assessment methods used by EPA to determine the carcinogenic risks associated with exposure to hazardous air pollutants and source categories; and (2) report the results of such review to the Congress. Directs the Administrator to report annually to the Congress on measures taken by the EPA and States to implement the requirements of this Act. Authorizes appropriations. Requires the Administrator to list at least 50 substances which could be released suddenly in concentrations that may cause adverse human health effects. Directs the Administrator to update such list at least every five years. Requires owners and operators of facilities at which such substances are present in amounts greater than a threshold quantity to conduct hazard assessments for each substance present at the facility. Directs the Administrator to publish guidance for the preparation of such assessments. Requires such assessments to include an identification of potential release sources and exposures and to be biennially updated. Directs the Administrator, to the extent practicable, to: (1) coordinate assessment requirements with requirements imposed by the Occupational Safety and Health Administration, including joint promulgation of regulations; and (2) facilitate compliance with such requirements by designing generic hazard identification and assessment tools for owners and operators of hazardous substance facilities. Makes such assessments available to the Administrator, States, the Chemical Safety and Hazard Investigation Board, local emergency planning entities, and, subject to conditions of the Emergency Planning and Community Right-to-Know Act of 1986, the public. Requires the Administrator to establish a long-term research program to develop and disseminate information on improved hazard assessment methods and techniques. Establishes within EPA a Chemical Safety and Hazard Investigation Board to investigate and report on accidental chemical releases, make recommendations on the safety of chemical production, handling, and storage, and promulgate requirements for the reporting of such releases. Requires the Board to enter into a memorandum of understanding with the National Transportation Safety Board to assure coordination of functions and limit duplication of activities. Authorizes the Board to conduct research and studies with respect to accidental, sudden releases of hazardous substances. Requires the Board to publish a report, along with recommendations, on the use of hazard assessments in preventing and minimizing such releases. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Authorizes the Board to hold hearings, secure written reports from any person handling chemicals, and conduct inspections of any facility where an accidental release has occurred. Requires information obtained by the Board, unless it is likely to cause substantial harm to a person's competitive position, to be made available to the public. Directs the Board to report annually to the President and the Congress on accidental releases, recommendations, and priorities for research and investigations. Authorizes appropriations for FY 1990 through 1994. Authorizes the Administrator to promulgate release prevention, detection, and correction requirements, including requirements for monitoring, recordkeeping, and design, equipment, and operational practices, for extremely hazardous pollutant facilities. Authorizes the Administrator to secure such relief as may be necessary when determined that an actual or threatened release of an extremely hazardous substance poses an imminent and substantial danger to the public health or welfare or the environment. Permits the Administrator to issue orders to protect human health, welfare, or the environment. Establishes daily penalties for violations of such orders. Directs the Administrator to publish guidance for the coordination of such authority with the relevant authorities under other Federal environmental laws. Requires the President to: (1) review release prevention, mitigation, and response authorities of various Federal agencies and coordinate agency responsibilities to assure efficient implementation of such authorities and identify any deficiencies in authority or resources; and (2) report to the Congress on such activities, along with recommendations for changes in law. Authorizes appropriations. Increases and expands the scope of penalties under the Clean Air Act. Repeals certain provisions of such Act concerning the revision of stationary source regulations.

Water Research Act of 1989

United States · United States Congress · 2 August 1989

Water Research Act of 1989 - Declares it U.S. policy to provide for: (1) the development of a means of producing, from saline or biologically impaired waters, water of a quality suitable for agricultural, industrial, municipal and other uses; and (2) related research on a scale sufficient to determine the feasibility of large scale development. Defines "saline water" to mean sea water, brackish water, and other mineralized or chemically impaired water. Directs the Secretary of the Interior to conduct a basic research and development program as Phase I of the water research program established by this Act. Specifies the activities to be included in Phase I, including activities involving research grants and contracts. Directs the Secretary to endeavor to obtain results in Phase I, within five years after enactment of this Act, sufficient to support recommendations to the Congress. Authorizes the Secretary to conduct additional basic research and development concurrently with Phase II demonstration activities. Directs the Secretary to conduct a demonstration program as Phase II of the water research program established by this Act. Specifies the activities to be included in Phase II. Requires the results of research under this Act, with exceptions for national defense and patent rights, to be available to the public. Applies specified provisions of the Federal Nonnuclear Energy, Research and Development Act of 1974 (FNERDA) relating to patents and inventions to any invention conceived in the course of any contract under this Act, but states that such application does not affect the application of the Stevenson-Wydler Technology Innovation Act to research under this Act that is performed at a Federal laboratory. Applies provisions of FNERDA relating to antitrust laws to activities under this Act. Authorizes the Secretary to: (1) accept technical and administrative assistance from public or private agencies in connection with work relating to the desalting of water; (2) enter into contracts or agreements; and (3) provide for cost sharing. Authorizes the Secretary to take other actions in carrying out this Act, including making grants and contracts. Directs the Secretary to dispose of water and byproducts resulting from operations under this Act consistent with environmental law. Requires, notwithstanding other law, moneys received from the dispositions to be deposited in a separate account in the Treasury, to be known as the Water Research Fund. Prohibits expenditure of amounts from the Fund until authorized by Act of appropriation. Authorizes appropriations for Phase I for the fiscal year following enactment of this Act and for each of the four fiscal years thereafter.

Oil Terminal Environmental Oversight and Monitoring Act of 1989

United States · United States Congress · 2 August 1989

Oil Terminal Environmental Oversight and Monitoring Act of 1989 - Establishes Oil Terminal Environmental Oversight and Monitoring Demonstration Programs at the Alyeska terminal facilities at Valdez and the Kenai Peninsula in Cook Inlet. Establishes an Oil Terminal Facilities Operations Association for each Program to: (1) establish policies relating to the operation and maintenance of oil terminal facilities which may affect the environment; and (2) provide a forum between the industrial users, owners and operators, the United States, and the State of Alaska for the discussion and resolution of permits, plans, and site-specific regulations governing terminal facilities. Establishes: (1) an Oil Terminal Environmental Advisory Council for each Program to advise and make policy recommendations to the Association; (2) a Monitoring Committee to manage a comprehensive monitoring program of the environmental impacts of such facilities' operations; and (3) a Technical Committee to assess the planning for responding to, containing, and cleaning up oil spills. Requires Federal agencies, prior to taking administrative actions with respect to terminal activities, to consult with the appropriate Council. Authorizes appropriations. Requires: (1) each Council and Association to report to the President and the Congress on its activities; and (2) the General Accounting Office to report to the President and the Congress on the effectiveness of demonstration programs carried out pursuant to this Act.

To amend the Outer Continental Shelf Lands Act to permit the assesment of civil penalties for certain violations without the requirement of a period for corrective action, and for other purposes.

United States · United States Congress · 2 August 1989

Amends the Outer Continental Shelf Lands Act to increase the amount of civil penalties that may be prescribed for violations of such Act. Requires the Secretary of the Interior to adjust such penalties triennially to reflect increases in the Consumer Price Index. Authorizes penalties to be assessed without regard to a required period for corrective action if a violation constitutes a threat of serious, irreparable, or immediate harm to life, property, mineral deposits, or the environment.

To amend the Solid Waste Disposal Act to ensure that recycled paper acquired by the United States is permanent paper where appropriate, and for other purposes.

United States · United States Congress · 2 August 1989

Amends the Solid Waste Disposal Act to require recycled paper procured by the Federal Government for printing, writing, or archival uses which have enduring value to be permanent paper and, wherever practicable, to have a pH of 7.5 or higher.

Federal Nuclear Facilities Environmental Response Act

United States · United States Congress · 1 August 1989

Federal Nuclear Facilities Environmental Response Act - Title I: Federal Nuclear Facility Environmental Response Fund - Establishes the Federal Nuclear Facilities Environmental Response Fund (the Fund). Authorizes appropriations for such Fund for FY 1991 and following years. Mandates that penalties assessed against the Department of Energy (DOE) and its nuclear facility contractors for specified environmental violations be transferred into the Fund. Mandates that an environmental violation assessed against: (1) DOE be paid only out of its operating budget; and (2) a DOE contractor be paid only by the contractor and not by DOE. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial status. Requires the Secretary of Energy (the Secretary) to: (1) prepare a budget plan for the timely completion of specified radioactive waste disposal activities; (2) promulgate rules for allocating remedial environmental costs among specified entities participating in DOE nuclear-related services; (3) annually notify each Federal agency of its proportionate share of designated radioactive waste disposal costs; and (4) assess a user fee from entities participating in DOE nuclear-related services. Title II: Environmental Management and Remedial Action - Subtitle A: Plans for Compliance with Federal Environmental Law - Directs the Assistant Secretary of DOE who is responsible for environmental protection to make an environmental baseline survey of each site containing a Federal nuclear facility. Requires that such survey be provided to the Administrator of the Environmental Protection Agency (the Administrator) and to affected States and Indian tribes. Directs the Secretary to develop (and revise at least once every five years) a compliance plan and a site management plan for bringing each Federal nuclear facility into timely compliance with State and Federal environmental laws. Directs the Secretary to implement both plans with the concurrence of the affected States and Indian tribes and the Administrator. Subtitle B: Office of Environmental Management and Remedial Action - Establishes in DOE the Office of Environmental Management and Remedial Action headed by a Director responsible for DOE remedial action and waste technology programs. Requires annual reports to the Congress. Subtitle C: Notification and Participation of Affected States and Indian Tribes - Requires the Secretary and the Administrator to ensure the participation of affected States and Indian tribes with respect to: (1) bringing Federal nuclear facilities into compliance with Federal environmental law; and (2) transportation corridors affected by nuclear-related activities. Directs the Secretary to make grants from the Fund to an affected State or Indian tribe to: (1) monitor the compliance of Federal nuclear sites and facilities with Federal environmental and health safety laws; and (2) negotiate agreements and evaluate impacts and risks regarding transportation corridors. Title III: Research and Development for Environmental Restoration and Management of Federal Nuclear Facilities - Requires the Administrator and the Secretary to enter into a joint agreement to coordinate research and development technologies for Federal nuclear site activities regarding: (1) application of and compliance with Federal environmental requirements; (2) facility decontamination and decommissioning; and (3) hazardous nuclear material characterization, treatment, and stabilization. Requires the Secretary and Administrator to: (1) submit to the Office of Management and Budget annual Federal nuclear facilities environmental research and development budget requests; (2) fund the jointly established research and development program from the Trust Fund; and (3) jointly establish an information and technologies transfer program for commercial application. Authorizes the Secretary and the Administrator to enter into contracts and provide research grants.

Federal Nuclear Facilities Environmental Response Act

United States · United States Congress · 1 August 1989

Federal Nuclear Facilities Environmental Response Act - Title I: Federal Nuclear Facility Environmental Response Fund - Establishes the Federal Nuclear Facilities Environmental Response Fund (the Fund). Authorizes appropriations for such Fund for FY 1991, FY 1992, and following years. Mandates that penalties assessed against the Department of Energy (DOE) and its nuclear facility contractors for specified environmental violations be transferred into the Fund. Mandates that an environmental violation assessed against: (1) DOE be paid only out of its operating budget; and (2) a DOE contractor be paid only by the contractor and not by DOE. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial status. Requires the Secretary of Energy (the Secretary) to: (1) prepare a budget plan for the timely completion of specified radioactive waste disposal activities; (2) promulgate rules for allocating remedial environmental costs among specified entities participating in DOE nuclear-related services; (3) annually notify each Federal agency of its proportionate share of designated radioactive waste disposal costs; and (4) assess a user fee from entities participating in DOE nuclear-related services. Title II: Environmental Management and Remedial Action - Subtitle A: Plans for Compliance with Federal Environmental Law - Directs the Assistant Secretary of DOE responsible for environmental protection to make an environmental baseline survey of each site containing a Federal nuclear facility. Requires that such survey be provided to the Administrator of the Environmental Protection Agency (the Administrator) and to affected States and Indian tribes. Directs the Secretary to develop (and revise at least once every five years) a compliance plan and a site management plan for bringing each Federal nuclear facility into timely compliance with State and Federal environmental laws. Directs the Secretary to implement both plans with the concurrence of the affected States and Indian tribes and the Administrator. Subtitle B: Office of Environmental Management and Remedial Action - Establishes in DOE the Office of Environmental Management and Remedial Action headed by a Director responsible for DOE remedial action and waste technology programs. Requires annual reports to the Congress. Subtitle C: Notification and Participation of Affected States and Indian Tribes - Requires the Secretary and the Administrator to ensure the participation of affected States and Indian tribes with respect to: (1) bringing Federal nuclear facilities into compliance with Federal environmental law; and (2) transportation corridors affected by nuclear-related activities. Directs the Secretary to make grants from the Fund to an affected State or Indian tribe to: (1) monitor the compliance of Federal nuclear sites and facilities with Federal environmental and health safety laws; and (2) negotiate agreements and evaluate impacts and risks regarding transportation corridors. Title III: Research and Development for Environmental Restoration and Management of Federal Nuclear Facilities - Requires the Administrator and the Secretary to enter into a joint agreement to coordinate research and development technologies for Federal nuclear site activities regarding: (1) application of and compliance with Federal environmental requirements; (2) facility decontamination and decommissioning; and (3) hazardous nuclear material characterization, treatment, and stabilization. Requires the Secretary and Administrator to: (1) submit to the Office of Management and Budget annual Federal nuclear facilities environmental research and development budget requests; (2) fund the jointly established research and development program from the Trust Fund; (3) jointly establish an information and technologies transfer program for commercial application. Authorizes the Secretary and the Administrator to enter into contracts and provide research grants.

MODIFIED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE DELIBERATE RELEASE TO THE ENVIRONMENT OF GENETICALLY MODIFIED ORGANISMS

European Union · European Commission · 1 August 1989

NOTICE - COMMON POSITION ADOPTED BY THE COUNCIL IN ACCORDANCE WITH THE COOPERATION PROCEDURE LAID DOWN IN ARTICLE 149 ( 2 ) OF THE EEC TREATY: PROPOSAL FOR A DECISION ON TWO SPECIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROGRAMMES IN THE FIELD OF THE ENVIRONMENT - STEP AND EPOCH ( 1989 TO 1992 )

European Union · Council of the European Union · 29 July 1989

Natural Resources Restoration Act of 1989

United States · United States Congress · 28 July 1989

Natural Resources Restoration Act of 1989 - Amends the Internal Revenue Code to delete the prohibition on the use of the Superfund to finance assessments by Federal or State trustees of damages to natural resources. Requires that sums recovered by Federal and State natural resource trustees for damages to natural resources resulting from spills of oil or hazardous substances be retained by the trustee for use only to restore, replace, or acquire the equivalent of such natural resources. Directs the President to promulgate regulations governing the assessment of damages for injury to, destruction of, or loss of natural resources resulting from a release of oil or hazardous substances.

Expressing the sense of the House of Representatives regarding the extension of time for cleanup efforts by the Exxon Company of Prince William Sound and Alaska lands and waters damaged by the Exxon Valdez oilspill.

United States · United States Congress · 28 July 1989

Expresses the sense of the House of Representatives that: (1) the Exxon Company should dedicate whatever resources are necessary and pay all expenses required to compensate affected parties expeditiously, mitigate impacts, and complete cleanup of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oilspill; (2) the scope and thoroughness of the cleanup should not be determined by Exxon, but by the U.S. Coast Guard; (3) if the cleanup has not been completed to the Coast Guard's satisfaction by September 15, 1989, Exxon should renew the cleanup in the spring, until the Coast Guard has determined that the cleanup is complete; and (4) Exxon should maintain a contingency force in affected Alaskan communities from September 15, 1989, until full-scale cleanup efforts renew in the spring.

89/490/EEC: Council Decision of 28 July 1989 on the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community

European Union · EUR-Lex · 28 July 1989

To establish certain requirements regarding a segment of the Appalachian Trail corridor in Vermont.

United States · United States Congress · 27 July 1989

Directs the National Park Service to prepare an environmental impact statement that evaluates alternative levels of development of a specified segment of the Appalachian Trail corridor in Vermont. Prohibits the execution of any land acquisitions or easements in the study area until such statement has been filed. Prohibits the Secretary of the Interior from taking action with respect to a certain easement signed January 19, 1989, until such statement has been filed.

Clean Air Act Amendments of 1990

United States · United States Congress · 27 July 1989

Clean Air Act Amendments of 1989 - Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency (EPA), after promulgating a new or revised national ambient air quality standard, to require States to submit air quality implementation plans. Requires State Governors to designate areas within a State as nonattainment, attainment, or unclassifiable, with regard to air quality standards, and to submit such designations to the Administrator. Authorizes the Administrator to modify such designations, as necessary. Designates areas currently required to be listed under the Clean Air Act as nonattainment, attainment, or unclassifiable areas, as specified. Provides for the redesignation of areas, as appropriate. Prohibits the redesignation of any area from nonattainment to unclassifiable. Directs State Governors to submit to the Administrator a list of areas designated or redesignated as carbon monoxide and ozone attainment, nonattainment, and unclassifiable areas. Designates: (1) areas identified (in 52 Federal Register 29383) as Group I areas as particulate matter 10 (PM-10) nonattainment areas; (2) counties containing sites for which air quality monitoring data show a violation of national air quality standards for PM-10 before 1989 as PM-10 nonattainment areas; and (3) areas not meeting either description as PM-10 unclassifiable areas. Authorizes the Administrator to require States to designate areas with respect to the national air quality standard for lead. Permits the Administrator, with respect to attainment or unclassifiable areas, to require States to submit implementation plans that provide for the maintenance of such standards. Makes technical amendments to provisions concerning plan requirements. Sets forth provisions for plan approval and revisions. Requires plans to provide for attainment of national air quality standards in nonattainment areas within three years of this Act's enactment or within five years of a finding of substantial inadequacy. Retains a moratorium on construction or modification of major stationary sources in certain areas until such areas meet applicable requirements concerning permit programs or attainment standards for sulfur oxides. Repeals provisions concerning: (1) extensions of time for plan submissions and attainment dates; (2) requirements concerning parking surcharges and transportation regulations; and (3) suspensions of certain plan requirements. Requires the Administrator to publish a triennial (currently, annual) document which sets forth applicable requirements of the implementation plan for each State. Revises provisions concerning stack heights to require such heights to equal the height prescribed by the Administrator (currently, the height shall not exceed two and a half times the height of the source), unless the owner or operator demonstrates the need for a greater height and such source has met applicable emissions standards. Sets the date of attainment of national air quality standards for a nonattainment area at five years from the date such area was designated. Authorizes the Administrator to extend such attainment date, provided that such extension does not exceed 20 years. Permits up to two one-year extensions to be granted to a single area upon application by a State. Requires States to submit nonattainment plans within three years of the designation of an area. Makes technical amendments to provisions concerning nonattainment plan requirements. Authorizes the issuance of a permit to construct or operate a new source if demonstrated that the benefits of such source significantly outweigh environmental and social costs. Prohibits the use of existing growth allowances in areas which are notified that implementation plans containing such allowances are substantially inadequate. Requires States containing ozone or carbon monoxide nonattainment areas, together with local officials of such areas, to review and update, as necessary, planning procedures for such areas. Authorizes States, in the case of areas included in more than one State, to implement jointly such planning procedures. Provides that maintenance plans required as preconditions to area redesignations shall provide for maintenance of air quality standards for at least ten years after a redesignation petition is submitted to the Administrator. Authorizes the Administrator, whenever it is determined that the interstate transport of air pollutants from one or more States contributes significantly to a violation of an air quality standard in such States, to establish a transport region for such pollutants within such States. Requires the Administrator to establish a transport commission for each such region to: (1) assess the degree of interstate transport of the pollutant or precursors to the pollutant throughout the transport region; (2) assess strategies for mitigating the interstate pollution; and (3) recommend to the Administrator such measures as may be necessary to ensure that State plans meet requirements of this Act. Permits such commissions to request the Administrator to issue a finding that one or more of the States in a transport region have inadequate implementation plans. Applies program cost limitations for interstate air quality agencies to such commissions. Imposes the following sanctions on States which fail to comply with requirements concerning nonattainment areas: (1) a moratorium on the construction or modification of any major stationary source of the relevant pollutants in the nonattainment area, or with respect to ozone, the nonattainment area and the area within 25 miles of the nonattainment area; (2) restrictions on Department of Transportation assistance to such areas; (3) restrictions on the provision of new drinking water service in such areas; or (4) a withholding of all or part of assistance for air pollution planning and control. Requires States which fail to attain air quality standards by the required attainment date to submit plan revisions. Prohibits the construction or modification of any major stationary source of a pollutant in a nonattainment area after 1992 or 42 months after the designation of such area, whichever is later, unless the Administrator has approved a plan submission for such area. Authorizes the Administrator to promulgate a Federal implementation plan if any State fails to make a required submission or such submission is not approved. Classifies ozone nonattainment areas as Marginal, Moderate, Serious, and Severe, based upon the amount by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another area if the ozone level were five percent greater or less. Prohibits more than two one-year attainment extensions from being issued for a single nonattainment area. Sets forth the following attainment dates: (1) December 31, 1995, for Marginal and Moderate areas; (2) December 31, 2000, for Serious areas; and (3) December 31, 2010, for Severe areas. Provides for the reclassification of areas which fail to meet required standards. Requires States in which Marginal areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) correction requirements for available control technology; (2) a vehicle inspection and maintenance program; (3) permits for the construction and operation of new or modified stationary sources; (4) triennial inventories; and (5) emissions statements from owners or operators of stationary sources of oxides of nitrogen or volatile organic compounds (VOCs). Waives requirements for the submission of triennial inventories for sources which emit less than 25 tons annually of nitrogen oxides or VOCs if the State provides an emissions inventory for such sources to the Administrator. Requires States in which Moderate areas are located to submit plan revisions which provide for emission reductions, by December 31, 1995, of at least 15 percent from baseline emissions. Prohibits the following measures from being credited to the 15 percent reduction: (1) measures relating to motor vehicle tailpipe or evaporative emissions promulgated by the Administrator; (2) regulations concerning Reid Vapor Pressure promulgated by the Administrator; (3) measures concerning required corrections to implementation plans; and (4) measures concerning motor vehicle inspection and maintenance. Provides that plan revisions shall require: (1) the implementation of reasonably available control technology with respect to all VOC sources covered by a Control Techniques Guideline document and all sources with the potential to emit at least 100 tons annually of VOCs; and (2) owners and operators of gasoline dispensing systems to install and operate systems for gasoline vapor recovery of emissions from the fueling of motor vehicles. Sets forth deadlines for the installation of such systems. Requires States in which Serious areas are located to submit the same plan revisions as those applicable to Moderate areas. Directs such States, by December 31, 1995, to submit revisions to provide for: (1) the attainment of the ozone air quality standard by the applicable attainment date; and (2) certain VOC emissions reductions from the baseline emissions averaged over three-year periods, beginning in 1996. Sets forth provisions concerning creditable emissions reductions. Permits such revisions to provide for combined VOC and nitrogen oxide emissions reductions (in lieu of sole VOC reductions) that would result in reductions equivalent to those required for VOC emissions from the baseline level. Requires such States to revise plans to provide for programs to reduce hydrocarbon emissions from in-use motor vehicles in urbanized nonattainment areas with populations over 200,000. Sets forth minimum requirements for such programs, including waiver and enforcement provisions. Requires States containing certain Serious or Severe areas with populations over 250,000 to submit plan revisions to ensure the implementation of clean-fuel vehicle programs, including measures to make the use of clean alternative fuels economic for owners. Permits the Administrator to approve substitutes for such programs if such substitutes will achieve equivalent reductions of ozone-producing emissions. Requires States with Serious areas in which the levels of vehicle miles traveled or congestion levels exceed levels projected for purposes of the area's demonstration of attainment or progress to submit plan revisions providing for transportation control measures. Requires States in which Severe areas are located to make the same submissions as those applicable to Serious areas and to submit an attainment demonstration by December 31, 2000. Provides that States containing non-self-generating ozone nonattainment areas that do not include or are not adjacent to metropolitan statistical areas (MSA) shall be treated as satisfying the requirements of this Act if they make submissions required for Marginal areas. Permits the Administrator to treat such areas as non-self-generating if found that VOC and nitrogen oxides emissions within such areas do not contribute significantly to ozone concentrations in such areas or other areas. Sets forth requirements for areas reclassified as Moderate. Requires the Administrator to: (1) issue control techniques guidelines for seven categories of stationary sources of VOC emissions for which guidelines have not been issued; and (2) issue a document analyzing alternative control techniques for stationary sources of nitrogen oxides. Directs the Administrator to: (1) report to the Congress on VOC emissions from consumer or commercial products; and (2) promulgate regulations to aid in the attainment of the ozone air quality standard by decreasing emissions from such products. Authorizes such regulations to exempt health use products for which there are no suitable substitutes. Permits the transfer of enforcement authority for such regulations to States with the approval of the Administrator. Requires the Administrator to promulgate standards applicable to air pollutant emissions from loading and unloading of marine tank vessels which may endanger public health or welfare. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations to ensure the safety of the equipment and operations to control such emissions. Prohibits States from adopting any less stringent emissions standards. Requires the Administrator to study and report to the Congress on whether current methodology used to establish a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. Subjects such study to peer review. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the consolidated metropolitan statistical area (CMSA) including the District of Columbia. Sets a fee of $5,000 per ton of VOC emitted during a calendar year in excess of 80 percent of the baseline amount for major stationary sources in severe ozone nonattainment areas which fail to attain standards by the applicable date. Requires such fee to be adjusted annually. Exempts from such fee areas with populations under 200,000 if demonstrated that attainment is prevented because of ozone transported from other areas. Classifies carbon monoxide nonattainment areas as Moderate or Serious. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Sets forth attainment dates of December 31, 1995, and December 31, 2000, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions and reclassifications parallel to those for ozone nonattainment areas. Requires States in which Moderate carbon monoxide areas are located to submit to the Administrator a current inventory of actual emissions from all sources. Directs such States to submit plan revisions to require: (1) vehicle inspection and maintenance programs; and (2) triennial inventories. Requires States in which Serious carbon monoxide areas are located to make the same submissions as those required for Moderate areas. Directs such States to submit plan revisions to require: (1) attainment demonstrations; (2) vehicle inspection and maintenance programs; (3) transportation control measures; and (4) the use of oxygenated fuels in CMSA or MSA. Classifies PM 10 nonattainment areas as Moderate or Serious. Sets forth procedures and a timetable for reclassification of such areas. Provides for attainment dates of December 31, 1994, and December 31, 2001, for Moderate and Serious areas, respectively. Sets forth provisions for attainment extensions parallel to those for ozone and carbon monoxide nonattainment areas. Permits additional extensions to be granted to Serious areas, under specified conditions. Limits such extensions to a period of five years. Authorizes the Administrator to waive any requirement or attainment date for a Serious PM-10 area if determined that anthropogenic sources of PM-10 do not contribute significantly to violations of the PM-10 standard in such area. Requires States in which Moderate PM-10 areas are located to submit plans that include a permit program for the construction and operation of new and modified PM-10 sources and a demonstration on whether attainment is practicable by the applicable date. Directs States in which Serious PM-10 areas are located to submit plans that include a demonstration on whether attainment is practicable by the applicable date and the implementation of reasonably available control measures. Sets forth a timetable for the submission of attainment demonstrations. Requires the Administrator to: (1) issue technical guidance on reasonably available control measures for urban fugitive dust and emissions from residential wood combustion and prescribed silvicultural and agricultural burning; and (2) examine other categories of sources contributing to nonattainment of PM-10 and issue any additional guidance. Directs States containing nonattainment areas with respect to air quality standards for sulfur oxides, nitrogen dioxide, or lead to submit implementation plans to the Administrator. Requires such plans to provide for attainment of such standards within five years of the date of designation or, for States without approved plans, within five years of this Act's enactment. Applies requirements of approved plans submitted by Indian tribes to all areas located within a reservation. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act, except with respect to a requirement that makes available at least one-half of one percent of annual appropriations to States; and (2) provide such tribes with grant and contract assistance to carry out air pollution control functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Revises provisions concerning transportation planning and guidelines to require the Administrator to update the June 1978 Transportation-Air Quality Planning Guidelines. Requires States to submit such reports as the Administrator may require concerning emissions reductions, vehicle miles traveled, congestion levels, and any other information necessary for the Administrator to assess the effectiveness, implementation, or revision of any State plan. Extends the deadlines by which the Administrator must promulgate and revise regulations concerning new source standards of performance. Sets deadlines for the promulgation of regulations for sources for which the Administrator has not proposed regulations. Applies recordkeeping, inspections, monitoring, and entry requirements to persons who manufacture emissions control or process equipment or who may have information relevant to emissions sources. Exempts from interstate pollution abatement requirements States with permit programs approved under title IV of the Clean Air Act. Exempts concentrations of particulate matter attributable to increases in fugitive emissions from surface coal mines for purposes of determining compliance with maximum allowable increases in ambient concentrations of particulate matter. Revises provisions concerning pollutant increments and preconstruction requirements to lower the ceilings on maximum allowable increases in concentrations of sulfur dioxide and particulate matter. Authorizes the Administrator, in the case of pollutants other than sulfur dioxide or particulate matter for which standards are promulgated or revised, to promulgate or revise air quality increments or other regulations to prevent the significant deterioration of air quality which would result from emissions of such pollutants. Permits the Administrator, if the indicator for the particulate matter air quality standard has been changed, to modify the maximum allowable increases in particulate matter specified under this Act. Provides that the Administrator's interpretation of State implementation plans shall, if contested by a State or other party, be given deference by a court if the interpretation concerns compliance with the requirements of the Clean Air Act and is rational. Repeals provisions concerning financial disclosure and conflicts of interest. Authorizes the Administrator to assess the risks to ecosystems from exposure to criteria air pollutants. Makes technical and conforming amendments. Title II: Provisions Relating to Mobile Sources - Directs the Administrator to promulgate regulations requiring the use of clean alternative fuel in new urban buses operated primarily in MSAs with populations over 1,000,000. Establishes a schedule for the phasing-in of such program, to require the use of such fuels by all model year 1994 buses. Limits emissions of particulate matter from such buses. Permits a delay of up to two years for the application of such requirements if the Administrator determines that such delay will advance the technology, improve the benefits, or lower the costs of the urban bus program. Requires the Administrator to establish a program to increase the number of clean-fuel vehicles in the most serious ozone nonattainment areas. Directs the Administrator to promulgate regulations to establish performance standards for such programs, based on the long-term reductions in ozone-producing and toxic air emissions anticipated to result from the use of such fuels. Requires the following amount of clean-fuel vehicles to be produced and sold: (1) 500,000 in model year 1995; (2) 750,000 in model year 1996; and (3) 1,000,000 in model years 1997 through 2004. Authorizes the Administrator to grant credits toward emissions standards compliance to manufacturers who sell clean-fuel vehicles that achieve emissions reductions greater than required or sell more of such vehicles than required. Permits such manufacturers to transfer credits to other manufacturers. Requires at least one clean fuel to be sold at service stations dispensing an average of at least 50,000 gallons per month in clean-fuel vehicle areas. Permits the Administrator, if the sale of such vehicles has created a demand for such fuels outside the areas in which they are sold, to make such fuels available in major nationwide transportation corridors. Requires clean-fuel vehicles to be sold in: (1) certain Serious or Severe ozone nonattainment areas with populations over 250,000; or (2) any other area, at the request of a State Governor and with the approval of the Administrator. Permits State Governors to request the Administrator to increase the number of clean-fuel vehicles to be sold in an area. Requires the Administrator, in developing clean-fuel regulations, to hold at least one public hearing and to consider the environmental, energy, economic, health, national security, and safety implications of such program. Authorizes the Administrator to require manufacturers, distributors, and retailers of motor vehicles or motor vehicle fuels to maintain records, make reports, and provide information regarding such vehicles and fuels. Makes such records, reports, and information available to the public, with the exception of any information considered to be a trade secret. Sets standards for emissions of: (1) hydrocarbons from light duty vehicles (passenger cars) manufactured after 1979 and light duty trucks manufactured after 1993; (2) carbon monoxide from light duty vehicles manufactured after 1980 and light duty trucks manufactured after 1993; and (3) nitrogen oxides from light duty vehicles manufactured after 1980. Applies high altitude regulations requirements to light duty trucks manufactured after 1983. Requires the Administrator to set carbon monoxide emissions standards for light duty vehicles and light duty trucks operated at 20 degrees Fahrenheit. Provides that such standards shall be met by averaging emissions levels established for engine families. Directs the Administrator, no later than December 31, 1993, to complete a study assessing the need for further reductions of carbon monoxide emissions and the maximum reductions achievable from light duty vehicles and light duty trucks manufactured after 1997 when operated at 20 degrees Fahrenheit. Authorizes the Administrator to promulgate further cold temperature regulations for carbon monoxide emissions from such vehicles and heavy duty vehicles. Permits the Administrator to promulgate regulations for evaporative emissions of hydrocarbons from gasoline-fueled motor vehicles during operation and over two or more days of nonuse, under ozone-prone summertime conditions. Requires the Administrator to study the need for and feasibility of controlling emissions of unregulated toxic air pollutants associated with motor vehicles and motor vehicle fuels. Allows the Administrator to promulgate regulations requiring: (1) manufacturers to install emissions malfunction diagnostic systems on all new motor vehicles and engines; and (2) States with implementation plans to revise such plans to provide for inspection of such systems. Revises provisions concerning the promulgation of regulations for heavy duty vehicles. Requires the Administrator to study the practice of rebuilding heavy duty engines and the impact of such rebuilding on engine emissions. Authorizes the Administrator to prescribe requirements to control rebuilding practices. Permits the Administrator to set emissions standards for nonroad engines and vehicles. Prohibits the use of emissions control systems in such engines or vehicles if the operation of such systems will cause or contribute to an unreasonable risk to public health or safety. Requires the Administrator to add test procedures to vehicle certification regulations to determine whether light duty vehicles and light duty trucks manufactured after 1992 will pass inspection methods under conditions likely to be encountered in inspection and maintenance programs. Prohibits the Administrator from granting a certificate to any vehicle or engine not passing the test. Directs the Administrator, to the maximum extent feasible, to prescribe regulations permitting manufacturers to comply with emissions standards through averaging of emissions of vehicle or engine families within a manufacturer's fleet. Requires the Administrator to apply specified standards to nonconforming emissions of: (1) hydrocarbons from light duty vehicles or engines manufactured after 1992; and (2) hydrocarbons and carbon monoxide from light duty trucks manufactured after 1993. Permits the Administrator to require a manufacturer to: (1) audit the effectiveness of repairs made to remedy such nonconformities; and (2) procure or test in-use vehicles to determine whether a notice of nonconformity or failure should be issued. Authorizes the Administrator to promulgate regulations establishing fees to recover all costs to the U.S. Government associated with vehicle or engine certification and compliance monitoring and testing and vehicle fuel economy programs under the Motor Vehicle Information and Cost Savings Act. Provides for the deposit of such fees in a special U.S. Treasury fund. Authorizes representatives of the Administrator to enter any manufacturer's establishment, at reasonable times, for purposes of inspecting or observing any activity associated with motor vehicle manufacturing or testing. Requires the Administrator to promulgate regulations to: (1) make it unlawful for any person to introduce into commerce gasoline whose Reid Vapor Pressure exceeds nine pounds per square inch; and (2) establish more stringent Reid Vapor Pressure standards to achieve comparable evaporative emissions. Provides that such regulations shall take effect no later than the high ozone season for 1992. Permits gasoline containing between nine and ten percent ethanol (by volume) to exceed the applicable Reid Vapor Pressure by up to one pound per square inch. Makes it unlawful, effective October 1, 1993, to introduce into commerce motor vehicle diesel fuel which contains sulfur in excess of .05 percent (by weight) or which fails to meet a cetane index minimum of 40. Permits the Administrator to require manufacturers and importers of diesel fuel not used in motor vehicles to dye such fuel to segregate it from motor vehicle diesel fuel. Sets a sulfur content limit for diesel used in model years 1991 through 1993 heavy duty vehicles and engines. Authorizes the Administrator to control the introduction into commerce of any fuel for nonroad engines or vehicles. Makes it unlawful for manufacturers of fuels or fuel additives to introduce into commerce, or increase the concentration in use of, any fuel or fuel additive for use in motor vehicles manufactured after 1974 which is not substantially similar to a fuel or additive utilized in the certification of any subsequent model year vehicle or engine. Requires the Administrator to promulgate regulations that allow manufacturers or fuel refiners to control emissions from motor vehicles and fuels by means different than required vapor recovery measures as long as the alternative measures achieve equivalent reductions over the same time period. Requires such regulations to establish performance standards for motor vehicles and fuels marketed in certain Serious or Severe ozone nonattainment areas with populations of at least 250,000. Permits averaging of such reductions if such averaging achieves reductions equivalent to those achieved by compliance with performance standards. Prohibits the manufacture or sale of any part which bypasses or renders inoperative any device installed on motor vehicles or engines in compliance with this title. Increases penalties for certain violations of the Clean Air Act. Authorizes the Administrator to commence a civil action to recover such penalties, subject to certain limitations. Sets forth judicial review and collection provisions, including requirements for the imposition of nonpayment penalties. Expands the scope and increases the amount of penalties for fuel regulations violations. Prohibits the introduction of leaded gasoline into any motor vehicle manufactured after 1989 which is designed solely for the use of unleaded gasoline. Repeals specified provisions concerning: (1) a study concerning aircraft emissions; (2) reporting requirements; (3) waivers of emissions standards; (4) propulsion and emissions control systems; and (4) exemptions from emissions control systems modifications. Title III: Hazardous Air Pollutants - Establishes a list of hazardous air pollutants. Provides for additions to or deletions from such list, based upon the degree to which a pollutant is known to cause cancer or any other chronic or adverse health effects in humans. Permits any person to petition the Administrator for modifications to such list. Requires the Administrator to list and establish emissions standards for all categories of major and area sources of such pollutants. Authorizes the Administrator to set emissions standards for radionuclides from such sources separately from regulating such pollutants. Requires such standards to be no less stringent than standards achieved by the best controlled similar source. Directs the Administrator to review and revise such standards, as necessary. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within ten years of this Act's enactment. Requires compliance by existing sources within three years of the promulgation of such standards. Directs the Administrator, within seven years of the promulgation of such standards, to evaluate the risks remaining to public health after the promulgation of such standards. Requires the Administrator, if the application of such standards presents an unreasonable risk, to promulgate standards to protect adequately against such risk. Authorizes States with approved programs to issue permits providing for alternative emissions limitations from major sources or extensions of compliance dates for certain existing sources. Requires such limitations to be approved by the Administrator. Permits the Administrator to grant compliance extensions to sources in States without approved programs. Prohibits: (1) the construction of any new major source subject to standards under this title unless the Administrator or a State with an approved program determines that such source complies with such standards; and (2) the operation of any source subject to such standards, except in compliance with such standards. Requires the Administrator to establish and maintain an air toxics clearinghouse and centers to provide technical information and assistance to State and local agencies. Authorizes the Administrator to conduct research on methods for preventing, measuring, and controlling emissions and evaluating associated health and ecological risks. Permits the President to exempt any source from standards for up to two years if it is in U.S. national security interests to do so. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress on each exemption or extension. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the anticipated health hazards resulting from pollutant emissions by electric utility steam generating units after imposition of this Act's requirements. Requires the Administrator to describe alternative control strategies for emissions warranting regulation under this Act. Title IV: Permits - Makes it unlawful to violate any permit requirement or to operate a source subject to standards under the Clean Air Act, except in compliance with a permit. Authorizes the Administrator to exempt sources from permit requirements if consistent with the purposes of this Act. Directs the Administrator to promulgate regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. Requires such program to include requirements for: (1) permit applications; (2) monitoring and reporting; (3) permit fees of at least $25 per ton of each regulated pollutant to be increased in accordance with the Consumer Price Index; (4) adequate personnel and funding; (5) certain authorities for the permitting authority; and (6) adequate procedures for public notice and comment on permit applications. Authorizes the Administrator to collect fees from any source if determined that the permitting authority is not adequately administering or enforcing a permit program. Requires sources that fail to pay fees to the Administrator to pay penalties of 50 percent of the fee amount plus interest. Requires such fees to be used to support the air pollution control program of a State or interstate agency. Directs State Governors to submit: (1) permit programs to the Administrator within three years of this Act's enactment; and (2) legal opinions from the attorney general that the laws of the State, locality, or interstate compact provide adequate authority to carry out such program. Sets forth approval and modification procedures for such programs. Authorizes the submission and approval of partial permit programs which meet certain minimum requirements. Provides that approval of a partial program shall not relieve a State of its obligation to submit a complete program. Sets forth interim approval, administration, and enforcement procedures. Requires owners or operators of regulated sources to submit compliance plans with permit applications and to periodically certify that such facilities are in compliance with this Act's requirements. Makes permit applications, compliance plans, monitoring reports, certifications, and permits available to the public. Requires permits to include emissions limitations and standards, schedules of compliance, and such other conditions as are necessary to assure compliance with applicable requirements. Authorizes the Administrator to prescribe procedures for determining compliance and for monitoring and analysis of pollutants regulated under this Act. Requires permits to set forth inspection, entry, monitoring, compliance certification, and reporting requirements. Authorizes permitting authorities to issue: (1) general permits covering numerous similar sources; or (2) single permits authorizing emissions from similar operations at multiple temporary locations. Requires owners or operators of temporary sources to notify the permitting authority in advance of any change in location of such sources. Authorizes the permitting authority to require separate fees for operations at each location. Allows the reissuance or modification of permits which provide for less stringent emissions limitations or other requirements under certain conditions. Requires permitting authorities to: (1) submit to the Administrator any application for alternative emissions limitations or permit modifications; and (2) notify all States contiguous to the State in which the emissions originate of each permit application and provide an opportunity for such States to submit recommendations regarding such permit. Sets forth provisions concerning: (1) issuance or denial of permits; (2) waivers of notification requirements; and (3) notifications to States regarding termination, modification, revocation, or reissuance of permits. Title V: Acid Deposition Control - Declares that the purpose of this title is to achieve nationwide reductions in annual emissions of: (1) sulfur dioxides of approximately 10,000,000 tons from 1980 emissions levels (in two phases); and (2) nitrogen oxides of 2,000,000 tons relative to levels in 2000. Directs the Administrator to transfer annual allowances to owners or operators of affected sources in amounts equal to the annual tonnage emissions limitations under this Act. Continues the allocation of such allowances to an owner or operator if an existing affected unit is removed from commercial operation. Permits the transfer of such allowances between owners or operators, subject to certain limitations. Requires the Administrator to promulgate regulations to establish an allowance system which shall provide for unused allowances to be carried forward and added to allowances for subsequent years. Provides for the trading of sulfur dioxide and nitrogen oxide allowances, including the crediting of nitrogen oxide reductions in phase I against those required in phase II. Subjects trades in nonattainment areas to the approval of the Administrator. Requires owners or operators of new units to hold allowances equal to the annual tonnage of sulfur dioxide emitted by such units after December 31, 2000. Makes such units ineligible for allocations of sulfur dioxide allowances. Permits such units to obtain allowances from any unit allocated allowances under this title. Makes it unlawful to hold or transfer any allowance, except in accordance with regulations issued by the Administrator. Lists affected sources and units and their sulfur dioxide allowances. Provides that existing steam-electric units with nameplate capacities of 100 MWe or greater that emit sulfur dioxide at a specified annual rate between this Act's enactment date and 2001 shall be considered to be affected units. Sets emissions limitations for such sources. Authorizes owners or operators of affected units to submit proposals to the Administrator to reassign sulfur dioxide emissions requirements to any other unit under their control. Sets forth approval procedures for such proposals. Provides that existing steam-electric units with nameplate capacities of 75 MWe or greater and with specified 1985 emissions rates shall be affected units for purposes of this Act after December 31, 2000. Subjects such units to specified emissions limitations after such date. Prohibits existing steam-electric units, after December 31, 2000, from exceeding annual emissions rate requirements equal to actual 1985 emissions rates. Requires nitrogen oxide emissions rate requirements to be met in the second phase by coal-fired steam-electric units with nameplate capacities of 75 MWe or greater. Sets nitrogen oxide emissions limitations for such units after December 31, 2000. Requires this title to be implemented by permits that prohibit exceedances of sulfur dioxide and nitrogen oxide emissions rates, limitations, or allowances or contravention of any permit provisions. Requires permits to be accompanied by compliance plans. Authorizes the Administrator to require: (1) a demonstration of attainment of national air quality standards for sources; and (2) an integrated compliance plan from owners or operators of two or more sources. Directs the Administrator to issue permits to listed affected sources. Sets forth permit application and approval procedures. Requires the Administrator to promulgate regulations to implement a Federal permit program for affected sources. Directs owners or operators submitting phase I permit applications and compliance plans to request certifications from State Governors that such applications and plans are in compliance with State law. Permits such certifications to preclude the use of coal produced outside the State at such sources. Waives such requirements if the Governor fails to act on such a request. Establishes deadlines for phase II sulfur dioxide emissions and nitrogen oxide emissions requirements with respect to: (1) the submission of permit applications and compliance plans; (2) the issuance of permits by States to affected sources; and (3) the issuance of allowances by the Administrator. Requires the Administrator, if a State fails to issue permits by the required deadline, to issue such permits by July 1, 1997. Directs States to submit permit programs for new units to the Administrator. Sets deadlines for the submission of permit applications and compliance plans for such units. Authorizes the submission of revised applications or plans. Makes it unlawful to: (1) fail to submit an application or plan in accordance with deadlines; or (2) operate any source, except in compliance with a permit program. Authorizes owners or operators of existing sources, by January 1, 1998, to demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology. Directs owners or operators, as part of such demonstration, to provide documentation of a preliminary design and engineering effort for such repowering, an executed contract for the majority of the repowering equipment, and such other information as may be required by December 31, 2000. Grants owners or operators satisfying such requirements extensions of emissions limitations or rate requirements for such units from December 31, 2000, to December 31, 2003. Provides that qualifying sources that increase emissions of a pollutant relative to potential pre-repowering levels shall not be subject to requirements of title I of the Clean Air Act for such pollutant if the owners or operators of such sources demonstrate that the increased emissions will not: (1) cause or contribute to an exceedance in any area of a national air quality standard or of a maximum allowable increase in concentrations under such Act; (2) interfere with reasonable progress; or (3) result in an adverse impact on visibility or air quality related values in any Class I area under part C of title I of such Act. Directs the Administrator, for the period of an extension, to grant annual allowances for sulfur dioxide to the owners or operators of affected sources. Prohibits the transfer or use of such allowances by any other source to meet emissions requirements under this title. Requires owners or operators to notify the Administrator in advance of the date on which the affected unit is to be removed from operation to install repowering technology. Establishes emissions rates and allowances for such sources. Makes it unlawful to fail to comply with such requirements. Authorizes owners or operators of existing units that emit sulfur dioxide or nitrogen oxides to: (1) elect to designate such sources as affected units; and (2) submit such designations to the Administrator for approval. Directs the Administrator to establish a baseline for such units based on fuel consumption and operating data from 1985 through 1987. Establishes emissions limitations for such sources. Applies allowance and permit requirements for affected sources to designated affected sources. Authorizes the Administrator to establish a program for the designation of process sources as affected sources. Prohibits designated sources from transferring or banking allowances produced as a result of reduced utilization or shutdown. Makes owners or operators of affected sources that emit excess sulfur dioxide and nitrogen oxides liable for the payment of an excess emissions fee based on excess tonnage. Requires such individuals to: (1) offset the excess emissions by an equal tonnage amount in the following year or such period as the Administrator may prescribe; and (2) submit a plan to achieve such offsets to the Administrator and the State. Directs the Administrator to: (1) deduct allowances equal to the excess tonnage from those issued for the source for the years following the year in which the excess emissions occurred; and (2) adjust the fee for inflation, based on the Consumer Price Index, beginning in 1996. Makes it unlawful for liable owners or operators to fail to comply with such requirements. Requires sources subject to this title to install and operate continuous emission monitoring systems (CEMS) and to assure the data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow for each unit. Directs the Administrator to specify the requirements for CEMS, alternative methods that provide reliable and timely information, and recordkeeping and reporting of information from such systems. Sets first and second phase deadlines for compliance with such requirements. Requires the Administrator to prescribe means for calculating emissions for any unit for which CEMS data is not available. Makes it unlawful to operate any source not in compliance with CEMS requirements. Deems excess emissions from an affected source to be a violation of this Act, with each ton emitted in excess of allowances constituting a separate violation. Requires the Administrator to assess and report to the Congress on the environmental effects of emissions reductions under this title. Directs the Federal Energy Regulatory Commission (FERC) to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other control technologies to limit power plant emissions. Requires such incentives to include: (1) an incentive rate of return for clean coal or other technologies that recognizes their inherent risk; and (2) a ten to 20 year amortization period to recover the capital costs of such technologies. Provides that: (1) the program will have a five year life; (2) the program will cover no more than four units in each technology class; and (3) technology classes eligible for the program should be likely to realize significant cost reductions when employed. Requires FERC to review the merits of the program and determine whether it should be extended or made permanent. Requires FERC to establish a process for negotiating with potential developers of clean coal or other control technologies to agree upon cost caps for future projects and preapproval of the prudency of expenses for such projects if the expenses fall within the agreed-upon cap. Directs the Administrator to promulgate regulations to revise existing clean coal technology requirements and to facilitate clean coal projects. Requires such regulations to address physical or operational changes to existing facilities for the installation, operation, or removal of such projects. Provides that the Federal share for a qualifying project shall be at least 20 percent of the total cost of such project. Encourages States and political subdivisions which regulate public utility rates and charges to provide additional incentives for the implementation of clean coal technologies. Title VI: Provisions Relating to Enforcement - Authorizes the Administrator to issue administrative penalties for certain violations of the Clean Air Act. Makes Federal enforcement procedures currently applicable to implementation plans applicable to permit programs. Authorizes the Administrator to ask the Attorney General to commence criminal actions against violators of specified provisions of such Act. Permits the Administrator to prohibit the operation of sources for specified violations. Revises penalty provisions of, and makes technical amendments to, such Act. Establishes fines and prison sentences for knowing failures to pay fees under such Act. Doubles the maximum punishment for specified subsequent violations. Prescribes fines and up to 15 years' imprisonment, or both, for knowing releases of hazardous substances that place another person in imminent danger of death or serious bodily injury. Makes organizations responsible for such releases subject to fines of up to $1,000,000 per day for each violation. Limits the Administrator's authority to assess certain administrative penalties to matters where the total penalty does not exceed $200,000 and the first violation occurred no more than 12 months prior to the initiation of the administrative action, with specified exceptions. Authorizes the Administrator to implement a field citation program for appropriate minor violations for the purpose of assessing civil penalties of up to $5,000 per day for each violation. Sets forth provisions concerning judicial review and civil actions with respect to the assessment of such penalties. Outlines criteria to be considered by the court in determining the assessment of penalties. Authorizes the Administrator to pay rewards of up to $10,000 for information or services leading to criminal convictions or judgments of liability for violations of the Clean Air Act. Makes Federal, State, and local officials or employees ineligible for such rewards. Authorizes the Administrator to require owners or operators of sources subject to such Act to: (1) keep records on control equipment parameters, production variables, or other indirect data when direct emissions monitoring is impractical; and (2) submit compliance certifications. Directs the Administrator to require enhanced monitoring and submission of compliance certifications from owners or operators of major stationary sources. Authorizes the Administrator to apply such requirements to any other source. Makes such information available to the public. Removes an exemption for public disclosure of emission source records that may be trade secrets. Repeals a provision concerning penalties for violations of administrative orders. Authorizes the Administrator to extend a prohibition on Federal procurement from violators of the Clean Air Act to contracts performed at any facility owned or operated by such persons. (Current law prohibits such procurement for contracts to be performed at facilities where the violation occurred.) Authorizes the assessment of civil penalties for violations of such Act. Requires such penalties to be deposited in a special Treasury fund and to be available to finance air compliance and enforcement activities. Revises provisions concerning citizen suits under such Act. Requires the Administrator to take necessary measures to prevent the operation, construction, or modification of certain major emitting facilities. Makes noncomplying stationary sources subject to penalties. Title VII: Miscellaneous Provisions - Authorizes the Administrator to make grants to air pollution control agencies in amounts of up to three-fifths of the total cost of programs for the prevention and control of air pollution or implementation of national standards. Grants agencies contributing less than the required two-fifths minimum three years to attain the minimum level. Reduces the Federal contribution to agencies which fail to meet such minimum. Requires at least one-half of one percent of the annual State grant appropriation to be for grants to air pollution control agencies. Prohibits agencies from receiving grants during any fiscal year when expenditures of non-Federal funds for recurrent expenditures for air pollution programs will be less than expenditures for such programs during the preceding fiscal year. Requires the Administrator to revise current regulations defining nonrecurrent and recurrent expenditures to consider exempting agencies with acceptable periodic increases from such limitations. Authorizes the Administrator to award grants to agencies not meeting such requirements if determined that a reduction in expenditures is attributable to a non-selective reduction in the expenditures of applicable Federal agencies. Decreases the Federal contribution to interstate air quality agencies. Repeals provisions concerning annual reporting requirements. Requires the Administrator to study and report to the Congress on the role of ozone precursors in tropospheric ozone formation and control. Revises provisions (including deadlines) concerning the issuance and revision of criteria for national air quality standards. Establishes within EPA an Air Pollutant Release Investigation Board to investigate major life-threatening releases of air pollutants. Excludes from such investigations releases associated with nuclear incidents and transportation-related releases. Requires the Board to make reports on such releases to the Congress and, upon reasonable cost, to the public.

Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989

United States · United States Congress · 27 July 1989

Oil Pollution Prevention, Response, Liability, and Compensation Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Exempts from such liability certain discharges permitted under Federal, State, and local law. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Directs the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Directs the Secretary to: (1) conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessels to deepwater ports versus the transportation of oil to other ports; (2) report to the Congress on the results of such study; and (3) initiate a rulemaking, if determined that the use of deepwater ports in connection with the transportation of oil results in lower operational or environmental risks than the use of other ports, to lower the limits of liability with respect to deepwater ports and to vessels transporting oil to such ports. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; (3) an Indian tribe; or (4) a foreign government. Sets forth recovery and indemnification procedures. Directs the President to study and report to the Congress on techniques of valuing natural resource damages. Makes responsible parties subject to certain civil penalties if an oil discharge results in damages to natural resources that cannot be restored. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund), including: (1) payment of removal costs and administrative expenses; and (2) contributions to the International Fund. Sets forth defenses to liability for such Fund and a specified maximum amount which may be paid from the Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons or vessels using the waters of the exclusive economic zone to transship or lighter oil destined for U.S. ports to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports or waters or be detained at such ports. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Prevention and Response - Authorizes the Secretary to direct all containment, cleanup, removal, and response activities with respect to discharges or threats of discharges of oil on certain waters. Requires the Secretary to designate areas for which response plans are required to be prepared and the persons responsible for the preparation and payment of such plans. Directs such persons to submit plans to the Secretary for approval. Authorizes the Secretary to provide technical assistance in the preparation of such plans. Directs the Secretary to: (1) evaluate the status and effectiveness of personnel and equipment for responding to discharges or threatened discharges of oil into certain waters; and (2) report to the Congress on such evaluation. Requires the Secretary to revise the national contingency plan under the Federal Water Pollution Control Act to make oil response personnel subject to training and periodic drills, without prior notice. Directs the Secretary to issue regulations to require: (1) inspections of oil discharge response equipment and certification by the Secretary at least every three years to ensure that such equipment is maintained in working condition; and (2) owners and operators of vessels and facilities to ensure that sufficient personnel and equipment are available, on a collective and regional basis, for responding to discharges in an effective and timely manner. Requires the National Response Center to establish and maintain a comprehensive nationwide computer listing of emergency response resources available and appropriate for use in responding to oil discharges. Directs the President to encourage appropriate international organizations to establish an international inventory of emergency response resources. Requires the Secretary to make a survey of navigable waters to determine the needs for new, expanded, or improved vessel traffic systems. Directs the Secretary, in establishing a priority list for such waters, to consider the nature and frequency of vehicle traffic in an area and the risks of collisions, spills, and damages associated with such traffic which could be reduced by the installation or improvement of a vessel traffic system. Directs the Secretary to submit such list and other appropriate information to the Congress. Authorizes the Secretary to install and operate such equipment and systems as are necessary for making improvements and expansions. Requires the Secretary to: (1) make participation in vessel traffic systems mandatory for such vessels as the Secretary deems appropriate; and (2) collect user fees for the operation of such systems. Directs the Secretary to conduct a study and report to the Congress on whether the Secretary should be given additional authority to direct the movement of vessels upon navigable waters. Requires the Secretary to: (1) conduct a study to determine the areas in which navigation risks are sufficient to require tug escorts of tankers or other navigation aids to improve the safe movement of tankers; and (2) implement the recommendations of such study. Requires the Secretary to study and report to the Congress on appropriate crew sizes for tankers and qualifications of personnel on such tankers. Directs the Administrator of the Environmental Protection Agency to: (1) study and report to the Congress on whether liners should be used as a secondary means of containment at onshore facilities used for the bulk storage of oil and located near navigable waters to prevent leaching of oil into the ground and to aid in leak detection; and (2) implement the recommendations of such report. Directs the Secretary of the Army to study and report to the Congress on the feasibility of modifying dredges for making such dredges usable in responding to oil discharges. Requires the Secretary of Transportation to study and report to the Congress on whether to designate areas of navigable waters and the exclusive economic zone as zones where the movement of tankers should be prohibited or limited. Directs the President to establish an oil pollution research and development program to develop: (1) new or improved methods for oil containment, recovery, cleanup, and disposal; (2) effective models to predict the effects of oil discharges, including long-term effects on fish and wildlife; (3) adequate worker training standards for oil discharge response personnel; and (4) new or improved methods to protect public health and safety and to restore natural resources damaged by such discharges. Requires the President, under such program, to: (1) direct the Secretary to conduct research on changes in vessel design and construction criteria to reduce the likelihood of such discharges; and (2) direct the Secretary and the Administrator to conduct a joint research and development program for improving technology to prevent and minimize the size of such discharges. Directs the President to report annually to the Congress on such activities. Authorizes appropriations for FY 1991 through 1995. Amends Federal law relating to merchant seamen licenses and certificates of registry to prohibit the Secretary of the department in which the Coast Guard is operating from issuing or renewing a license or certificate of registry, and to authorize such Secretary to suspend or revoke a license issued, to an individual who such Secretary determines is a current or chronic abuser of alcohol or who fails to make available to such Secretary all information contained in the National Driver Register regarding that individual's motor vehicle driving record. Authorizes such Secretary to conduct investigations to determine if an individual who holds a license or certificate of registry issued by such Secretary is a current or chronic abuser of alcohol if such Secretary receives information regarding any alcohol-related misconduct of the individual or that the individual has been found guilty of an alcohol-related infraction resulting in suspension or revocation of a motor vehicle operator license. Permits such Secretary to request an individual who holds a license or certificate of registry issued by such Secretary to make available to such Secretary all information contained in the National Driver Register regarding the motor vehicle driving record of that individual. Prohibits such Secretary from terminating a license suspension until the individual provides sufficient proof that the individual is no longer a current or chronic abuser of alcohol. Directs the chief mate and next senior crew member on board a vessel, if it is determined that reasonable cause exists to believe that the individual in command is intoxicated and incapable of commanding the vessel, to assume command of the vessel, enter details in the vessel log, and report such details to such Secretary as expeditiously as possible. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of merchant seamen licenses or certificates of registry to request the chief State driver licensing official to transmit to such Secretary information regarding such applicants' or holders' motor vehicle driving records. Prescribes the use of such information by such Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Requires the Secretary of Transportation to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Miscellaneous Provisions - Makes conforming amendments to: (1) the Trans-Alaska Pipeline Authorization Act; (2) the Intervention on the High Seas Act; (3) the Federal Water Pollution Control Act; (4) the Deepwater Port Act; and (5) the Outer Continental Shelf Lands Act Amendments of 1978.

Recycling Act of 1989

United States · United States Congress · 27 July 1989

Recycling Act of 1989 - Establishes the Center for Plastics Recycling Research of Rutgers - The State University of New Jersey, in Piscataway, New Jersey, as the national center for plastics recycling. Requires that such Center: (1) establish and operate a clearinghouse of information relating to plastics; (2) establish and operate at the University of Massachusetts in Amherst an affiliate of such clearinghouse; and (3) make grants to four other institutions of higher education covering 50 percent of the funds required by each institution to assist the Center in conducting specified plastic recycling research activities, with the remaining funds being provided by the State in which such institution is located. Authorizes appropriations for such activities for each of the first three fiscal years beginning after this Act's enactment. Directs the Secretary of Education to conduct a three-year public outreach program providing information to secondary school students, State and local governments, and the general public regarding: (1) the harmful environmental effects of the improper disposal of plastic and non-plastic wastes; (2) the importance of proper municipal waste disposal; (3) the benefits of recycling; and (4) methods to encourage voluntary recycling activities. Directs the Secretary of Commerce to establish and operate the National Clearinghouse on Recycling to gather, catalog, and disseminate information on recycling-related issues and activities, including: (1) current and prospective recycling technologies; (2) the development and marketing of recycled waste products; and (3) intergovernmental arrangements for the public and private management of recycling activities. Directs the Environmental Protection Agency to make grants to State and local governments covering 50 percent of the costs of conducting demonstration projects related to recycling. Requires that at least one such grant each year be awarded to a State whose laws mandate the collection, for purposes of recycling, of two or more types of household or commercial wastes. Authorizes appropriations for such grants for three years.

Expressing the sense of the Congress that the Exxon Company USA has not fulfilled its obligation to clean up the oil spill caused by its tanker in Prince William Sound in Alaska and that Exxon should take appropriate steps to ensure a thorough cleanup, including maintaining monitoring crews during the winter.

United States · United States Congress · 26 July 1989

Expresses the sense of the Congress that the Exxon Company USA has not fulfilled its obligation to clean up the oil spill caused by its tanker in Prince William Sound in Alaska, and that Exxon should take appropriate steps to ensure a thorough cleanup, including maintaining monitoring crews during the winter, until the oil spill is completely cleaned up.

To amend the Clean Air Act to provide for the testing of motor vehicles at high altitudes.

United States · United States Congress · 25 July 1989

Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to establish at least one high altitude site for testing motor vehicles and engines for conformity with emission and fuel standards.